American Society of Civil Engineers - San Francisco Section

While many construction companies vie to hear this phrase, lately it has had the overwhelming effect of making me cringe. Since I am in the field of Construction Materials Testing and Special Inspections, I come into direct contact with many of the “low bid” contractors for commercial, industrial, residential, and public works projects. While many of these contractors are upstanding responsible companies with good reputations, there are always those that leave a lot to be desired. Being the low bidder on projects in the current bidding environment, with as many as 50 to 100 bidders, almost always begs the question, “What did they miss to get the bid that low”?

A preliminary twenty-day notice is a notice that may be required as a prerequisite to enforcement of mechanic’s lien. Obtaining the information required in a preliminary notice can be problematic. In last month’s article, various sources were described where the identity of the parties to receive the preliminary notice may be obtained. It was noted that lender and owner information was required to be included in any mortgage or deed of trust or other instrument securing a loan for construction. The identity of the construction lender and property owner may also be obtained from the contract between the owner and original contractor.

The courts have referred to mechanic’s liens as “creatures of statute.” The reference was made often in the context of explaining why a particular lien claimant was denied the benefits of a mechanic’s lien for failure to comply with some statutory requirement. It is important to dot the ”I’s” and cross the T’s, particularly with mechanic’s liens.

The current economic slowdown has hit the heavy construction industry hard. The competition is fierce and the Contractors are buying the jobs to keep their key staff employed. Caltrans and other public agencies are seeing low bids 20% to 50% below the engineer’s estimates. This is a good news and not so good news for the owners. The good news for the owners is that when the bids come at below the budgeted amount, they can have money left for other projects that they cannot afford otherwise.

The Region 9 Board of Governors is supporting Assembly Bill 1431 by Assembly Member Jerry Hill (D-South San Francisco). Last year, as part of the budget package the Legislature consolidated the Board for Geologists and Geophysicists with the Board for Professional Engineers and Land Surveyors (BPELS). AB 4X 20 transferred all of the roles and responsibilities of the Board for Geologists and Geophysicists to BPELS, but did not change the title BPELS to reflect their new role and responsibilities, nor did it include a licensed geologist or geophysicist on the Board now overseeing geologist and geophysicists.

“When the well’s dry, we know the worth of water.” – Benjamin Franklin

Water is a precious resource. Whether it be for drinking, domestic, industrial, or irrigation uses, it is essential that water be sustainable.

As a Civil Engineer with an emphasis in water and wastewater treatment systems it is my duty to specify systems that produce clean and reliable water for my clients and to determine the best means of water/wastewater treatment.

Any one who performs work on property at the request of the owner or the owner’s agent, is entitled to record a mechanic’s lien to secure payment for the work performed.

The law enumerates the general classifications of those persons who can claim mechanic’s lien rights. Included are “registered engineers,”, and “licensed land surveyors”, as well as contractors and many others involved in the construction process.