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Artist Commissioned to Create Tillie K. Fowler Memorial Sculpture in Jacksonville

JACKSONVILLE, Fla. – Rhode Island-based sculptor Brower Hatcher has been commissioned by the Cultural Council of Greater Jacksonville through its Art in Public Places Program to create an outdoor sculpture to honor the late Tillie K. Fowler. The artist was commissioned to commemorate the life and work of Fowler, a dedicated Jacksonville attorney and pioneering leader in local and national politics.

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Holland & Knight Adds Ronald S. Perlman to Its Government Contracts Practice

WASHINGTON, D.C. – September 5, 2008 – Holland & Knight is pleased to announce that Ronald S. Perlman has joined the firm's Washington, D.C. office as a Partner in the national Government Contracts Practice Group.

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Construction
Newsletter - First Quarter 2000
 
In this Issue...
California Case Summary
 
 March 1, 2000
 

CALIFORNIA SUPREME COURT APPROVES PROJECT STABILIZATION AGREEMENTS ON PUBLIC CONTRACTS

Like Massachusetts, the California Supreme Court recently upheld the use of project labor agreements or project stabilization agreements (PSAs) by public agencies. (See Massachusetts Case Summaries on page 2.) Associated Builders & Contractors v. San Francisco Airports Commission, 87 Cal.Rptr. 2d 654 (Ca. 1999). The Associated Builders and Contractors, Golden State Chapter (ABC) sued the San Francisco Airports Commission, challenging the legality of a PSA between the commission and a local union trade council on a $2.5 billion airport expansion project. The PSA contained, among other things, a no-strike pledge by the union and a pledge by the commission to require contractors to use the union for any new hires beyond the contractor's core work force and to pay union wages and benefits. ABC claimed the PSA violated California's competitive bidding laws, the U.S. First Amendment protection of free expression and free association, and the Fourteenth Amendment guarantee of equal protection.

The California Supreme Court disagreed and ruled that the competitive bidding laws were enacted for the benefit of the public and not for the enrichment of bidders. The court held there was substantial evidence reflecting that the PSA furthered legitimate governmental interests including the prevention of labor strife and costly delays and assuring access to skilled craft workers. There was no evidence the PSA would increase the cost of the work, and the PSA did not exclude nonunion contractors from bidding. Moreover, the court found that the PSA did not infringe on ABC's right to express its "merit shop" philosophy and opposition to unions. Of note, the California Supreme Court, like the Massachusetts high court in Callahan v. City of Malden, did not rule that PSAs are, ipso facto, valid. The court indicated it would review on a case-by-case basis whether such agreements are consistent with the competitive bidding laws.