Section 4107 Of Chapter 4. Subletting And Subcontracting From California Public Contract Code >> Division 2. >> Part 1. >> Chapter 4.
4107
. A prime contractor whose bid is accepted may not:
(a) Substitute a person as subcontractor in place of the
subcontractor listed in the original bid, except that the awarding
authority, or its duly authorized officer, may, except as otherwise
provided in Section 4107.5, consent to the substitution of another
person as a subcontractor in any of the following situations:
(1) When the subcontractor listed in the bid, after having had a
reasonable opportunity to do so, fails or refuses to execute a
written contract for the scope of work specified in the subcontractor'
s bid and at the price specified in the subcontractor's bid, when
that written contract, based upon the general terms, conditions,
plans, and specifications for the project involved or the terms of
that subcontractor's written bid, is presented to the subcontractor
by the prime contractor.
(2) When the listed subcontractor becomes insolvent or the subject
of an order for relief in bankruptcy.
(3) When the listed subcontractor fails or refuses to perform his
or her subcontract.
(4) When the listed subcontractor fails or refuses to meet the
bond requirements of the prime contractor as set forth in Section
4108.
(5) When the prime contractor demonstrates to the awarding
authority, or its duly authorized officer, subject to the further
provisions set forth in Section 4107.5, that the name of the
subcontractor was listed as the result of an inadvertent clerical
error.
(6) When the listed subcontractor is not licensed pursuant to the
Contractors License Law.
(7) When the awarding authority, or its duly authorized officer,
determines that the work performed by the listed subcontractor is
substantially unsatisfactory and not in substantial accordance with
the plans and specifications, or that the subcontractor is
substantially delaying or disrupting the progress of the work.
(8) When the listed subcontractor is ineligible to work on a
public works project pursuant to Section 1777.1 or 1777.7 of the
Labor Code.
(9) When the awarding authority determines that a listed
subcontractor is not a responsible contractor.
Prior to approval of the prime contractor's request for the
substitution, the awarding authority, or its duly authorized officer,
shall give notice in writing to the listed subcontractor of the
prime contractor's request to substitute and of the reasons for the
request. The notice shall be served by certified or registered mail
to the last known address of the subcontractor. The listed
subcontractor who has been so notified has five working days within
which to submit written objections to the substitution to the
awarding authority. Failure to file these written objections
constitutes the listed subcontractor's consent to the substitution.
If written objections are filed, the awarding authority shall give
notice in writing of at least five working days to the listed
subcontractor of a hearing by the awarding authority on the prime
contractor's request for substitution.
(b) Permit a subcontract to be voluntarily assigned or transferred
or allow it to be performed by anyone other than the original
subcontractor listed in the original bid, without the consent of the
awarding authority, or its duly authorized officer.
(c) Other than in the performance of "change orders" causing
changes or deviations from the original contract, sublet or
subcontract any portion of the work in excess of one-half of 1
percent of the prime contractor's total bid as to which his or her
original bid did not designate a subcontractor.