Fanelli, Antuzzi, Bonacorsi Painting, Inc. v. Santa Clara Unified School Dist

In Fanelli, Antuzzi, Bonacorsi Painting, Inc. v. Santa Clara Unified School Dist. (1983) 141 Cal.App.3d 686, the Division of Labor Standards Enforcement sued a painting contractor and a school district for the contractor's failure to pay the prevailing wage for work done for the district. The painter cross-complained against the district for indemnity, alleging that the district failed to notify the contractor of its prevailing wage obligations at the time of bidding and by failing to post a wage notice at the jobsite. The Court of Appeal affirmed a summary judgment for the district on the indemnity issue because the district had complied with the advance notice requirements by making copies of the prevailing wage information available at its office. As for the district's failure to post a notice at the jobsite, the Fanelli court held that the omission did not cause the contractor to remain unaware of its prevailing wage obligations because the notice was to be posted at the jobsite, which could only occur after the bidding process ended. (Fanelli, supra, 141 Cal.App.3d at p. 691.)