Coffee Talk – There ought to be a law

Coffee Talk is a regular feature of the Contra Costa Lawyer magazine. We ask a short question related to an upcoming theme and responses are then published in the Contra Costa Lawyer magazine.

This month for the issue on the Conference on California Bar Associations, we ask:

What law do you think should be changed or introduced?

“I think that “Family Law” should be removed from the court system — haha. But seriously, litigation is just about the worst way to deal with divorces, support issues, custody, etc. Just my two cents and yes, I know I’m dreaming but heck, I am a dreamer!”

Karen Juster Hecht, Counselor at Law (California)

“I find it very distressing and dangerous that motorcycles can pass between cars at any time and I think this practice should be outlawed.  A momentary driver distraction, or quick lane change decision in heavy traffic, can spell disaster for all.”

Anonymous

“Contractors are rarely able to negotiate the terms of contracts for construction of public works, which almost always require that the contractor construct a project in strict compliance with the plans and specifications for the project.  Sometimes, the public entity that owns the project specifies that certain vendors or products be used, incorporating the proposals from the specified vendors into the bid documents.  Often those vendors’ proposals contain exclusions, exemptions, limitations and disclaimers that render them non-compliant with the plans and specifications for the project.  Most frequently this takes the form of a warranty that is shorter than that demanded of the contractor, but it also affects other portions of the plans and specifications.  The contractor, who is rendered without bargaining leverage by virtue of the requirement that the specified vendor be used, is then stuck with a vendor who won’t deliver what the contractor is required to provide under its contract with the owner.  There ought to be a new provision of the Public Contract Code that requires that vendors specified by the public agency owner be required to satisfy the plans and specifications of the project for that vendor’s product or portion of the work on the project.”

Josh Genser

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