Hoffman v. Pedley School Dist

In Hoffman v. Pedley School Dist. (1962) 210 Cal. App. 2d 72, a union representative filed a complaint to challenge the wage rate being paid under a public works contract. But he had not filed a section 1773.4 petition challenging the prevailing rate as stated in the call for bids. Rather, the representative omitted that step and simply filed a lawsuit four months after the call for bids was published and two months after a contract for the public work had been signed. His motion for a temporary restraining order to block the expenditure of public funds on the contract was denied, and the appellate court affirmed on the basis of failure to exhaust administrative remedies. Clearly, the statute was designed to protect against exactly the sort of challenge the union representative brought. (Hoffman, at p. 75.) As the court there explained, the statutory "procedure is reasonably prompt and efficacious and eliminates unconscionable delays in getting public work done." ( Id. at p. 76.) It sets forth a particular manner and a specific period of time in which a challenge may be made, and limits the number of days for the Department to render its decision. The purpose is for the rates as determined by the Department in response to the petition to be included in the contract, so the work thereunder can be performed promptly. ( Id. at pp. 75-76; 1773.4.)