ASSOC. BUILDERS & CONTRACTORS v. SFAC

No. S066747.

87 Cal.Rptr.2d 654 (1999)

981 P.2d 499

21 Cal.4th 352

ASSOCIATED BUILDERS AND CONTRACTORS, INC., Golden Gate Chapter, et al., Plaintiffs and Appellants, v. SAN FRANCISCO AIRPORTS COMMISSION, Defendant and Respondent; San Mateo County Building and Construction Trades Council, AFL-CIO, Real Party in Interest and Respondent.

Supreme Court of California.

August 16, 1999.


Attorney(s) appearing for the Case

Thierman Law Firm, Mark A. Thierman, George P. Parisotto, Robert Fried, San Francisco, Donald G. Ousterhout and Alice K. Conway for Plaintiffs and Appellants.

Chapman & Intrieri, San Francisco, and Mark G. Intrieri for the Bay Area Black Contractors' Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Cox, Castle & Nicholson, John S. Miller, Jr., and Herbert Jay Klein, Los Angeles, for Associated General Contractors of California, Inc., as Amicus Curiae on behalf of Plaintiffs and Appellants.

Jan S. Amundson, Quentin Riegel, Washington, DC; Stephen A. Bokat, Susan Mahallati; Fred Main; Cook, Brown, Rediger & Prager and Dennis B. Cook, Sacramento, for the National Association of Manufacturers, the Chamber of Commerce of the United States of America and the California Chamber of Commerce as Amici Curiae on behalf of Plaintiffs and Appellants.

Cook, Brown, Rediger & Prager, Dennis B. Cook and Jessavel Y. Delumen, Sacramento, for the Hispanic Contractors Association, Sacramento Economic Empowerment Congress and Northern California Minority Trades Council as Amici Curiae on behalf of Plaintiffs and Appellants.

Louise H. Renne, City Attorney; Mara E. Rosales, San Francisco; Morrison & Foerster, San Francisco, Harold J. McElhinny, San Francisco, David K. Barrett, Los Angeles, and Sue C. Hansen, San Francisco, for Defendant and Respondent.

N. Gregory Taylor, Marcia Scully, Irvine, John C. Clairday; Morgan, Lewis & Bockius and Andrew C. Peterson, Los Angeles, for Metropolitan Water District of Southern California as Amici Curiae on behalf of Defendant and Respondent.

Sherman, Dunn, Cohen, Leifer & Yellig, Victoria L. Bor, Washington, DC; Altshuler, Benzon, Nussbaum, Berzon & Rubin and Peter D. Nussbaum, San Francisco, for the Building and Construction Trades Department, AFL-CIO and the California State Building and Construction Trades Council, AFL-CIO as Amici Curiae on behalf of Defendant and Respondent.

Bartkiewicz, Kronick & Shanahan, Alan B. Lilly and David T. Sammond, Sacramento, for Yuba County Water Agency as Amicus Curiae on behalf of Defendant and Respondent.

John R. Gallo, City Attorney (San Jose), Clifford S. Greenberg and Timothy S. Spangler, Deputy City Attorneys, for the City of San Jose and 13 California Cities as Amici Curiae on behalf of Defendant and Respondent.

Van Bourg, Weinberg, Roger & Rosenfeld, Victor J. Van Bourg, Sandra Rae Benson, Oakland, Stanley S. Mallison and Theodore Franklin for Real Party in Interest and Respondent.

Morton H. Orenstein, San Francisco, for Construction Employers Association, the Northern California Drywall Contractors Association, the Millwright Employers Association, the Modular Installers Association and the Western Steel Council as Amici Curiae on behalf of Defendant and Respondent and Real Party in Interest and Respondent.


WERDEGAR, J.

We granted review in this case to decide whether the project stabilization agreement (PSA) executed by defendant San Francisco Airports Commission (the Commission) and real party in interest San Mateo County Building and Construction Trades Council, AFL-CIO (the Trades Council), in order to accomplish the $2.4 billion expansion and renovation of the San Francisco International Airport, violates competitive bidding laws or certain other statutory or constitutional...

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