Scott Wilk
- Republican
- Senator
- District 21
Author
Existing law regulates the use of wrap-up insurance or other consolidated insurance programs in connection with specified construction projects. Existing law distinguishes, in this regard, between residential construction projects, private residential works of improvement, as specified, and public works and other projects that are not residential, as specified. In this regard, among other things, for residential construction to which wrap-up insurance or another consolidated insurance program is applicable, existing law declares unenforceable a provision requiring a subcontractor who is enrolled and participating in the insurance to indemnify, hold harmless, or defend another for a claim or action covered by the insurance program. Existing law makes any waiver of these provisions void. Existing law permits a party to pursue an equitable indemnity claim in this context, subject to certain conditions, if these indemnification provisions have been deemed unenforceable. Existing law, with regard to a private residential work of improvement and public works, as specified, requires an owner, builder, or general contractor who obtains wrap-up insurance or other insurance to make specified disclosures regarding calculations of its cost and the premiums to be required from a subcontractor or other participant and, in the case of private residential works of improvement, that specified estimates are presumptively in good faith. Existing law requires a copy of the insurance policy to be provided to a subcontractor or other participant under certain circumstances. Existing law, with respect to construction contracts entered into on and after January 1, 2013, voids certain insurance and indemnity provisions, subject to a variety of exceptions that are reserved to the agreement of the parties. This bill would recast the wrap-up insurance or other consolidated insurance program requirements for public and other works of improvement that are not residential construction, entered into or amended on and after January 1, 2019, to track generally the requirements that apply to residential projects. The bill would require the owner, builder, or general contractor obtaining the wrap-up insurance policy, or other consolidated insurance program, to demonstrate that the policy limits are sufficient, on a replacement cost basis, to cover exposure associated with the total value of the replacement cost of the project based on the initial contract sum and ongoing and completed operations coverage. The bill would provide that, notwithstanding any other law, any waiver of these provisions is contrary to public policy and void.
Ordered to inactive file on request of Assembly Member Calderon.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 16).
August 8 set for first hearing. Placed on APPR. suspense file.
June 27 hearing postponed by committee.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 19). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 0. Page 5089.) Ordered to the Assembly.
Read second time. Ordered to consent calendar.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Set for hearing May 14.
May 7 hearing postponed by committee.
Set for hearing May 7.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 4814.) (April 24). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing April 24.
April 17 set for first hearing canceled at the request of author.
Set for hearing April 17.
From printer. May be acted upon on or after March 15.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1077 | HTML |
| 02/12/18 - Introduced | |
| 04/16/18 - Amended Senate | |
| 05/07/18 - Amended Senate | |
| 06/13/18 - Amended Assembly | |
| 08/20/18 - Amended Assembly | |
| 08/24/18 - Amended Assembly |
| Document | Format |
|---|---|
| No related documents. |
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