 |
Web Hosting by Netfirms | Free Domain Names by Netfirms |
|
|
|
Last update: 06/24/01
2. "California Supreme Court Blasts Affirmative Action" - ENR,12/11/00
"In a landmark 7-0 decision against affirmative action, the
California Supreme Court struck down outreach program that resulted in reverse
discrimination. The Nov.30 decision blasted the City of San Jose for refusing to
accept the 1997 low bid of $198,760 submitted by white-owned construction firm
that planned to self-perform an electrical contract with out any minority or
women-owned subcontractor......."
The justice upheld Prop. 209 as a necessary corrective action in line with the
1964 federal Civil Rights Act, which Brown" (a Supreme Court Justice)"
insisted was intended only to remove the barriers to equal opportunity....not
maximize the number of applicants actually considered"-ENR,12/11/00
The only question remaining is when will
the rest of the country get it?
1. In 1999 the City of Thousand Oaks, California, solicited bids for construction of the Civic Arts Plaza. During the course of the project the City "ended up sending 1,018 sketches, changing every part of the electrical work at least once and the electrical work in one room more than 40 times." (Engineering News Record-ENR,10/09/00). The contractor lost control of his work and sued for $2.2 million, claiming the contract had been breached and abandoned. The jury and California appeals court agreed. "The City can be deemed to have abandoned a public works contract by making so many changes that the original contract has become meaningless".(ENR-10/09/00). The Court stated: " Our holding ensures that in the future cases, a public entity will not put a project out for competitive bidding until it knows what it wants built with adequate plans and specifications so that reasonably intelligent competitive bidding can take place.:(ENR,10/09/00) - Amen!!