California Labor Code 1720.2 – For the limited purposes of Article 2 (commencing with Section 1770) …
For the limited purposes of Article 2 (commencing with Section 1770) of this chapter, “public works” also means any construction work done under private contract when all of the following conditions exist:
(a) The construction contract is between private persons.
Terms Used In California Labor Code 1720.2
- construction: includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. See California Labor Code 1720
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(b) The property subject to the construction contract is privately owned, but upon completion of the construction work, more than 50 percent of the assignable square feet of the property is leased to the state or a political subdivision for its use.
(c) Either of the following conditions exist:
(1) The lease agreement between the lessor and the state or political subdivision, as lessee, was entered into prior to the construction contract.
(2) The construction work is performed according to plans, specifications, or criteria furnished by the state or political subdivision, and the lease agreement between the lessor and the state or political subdivision, as lessee, is entered into during, or upon completion of, the construction work.
(Amended by Stats. 1980, Ch. 962.)