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HomeGovernment CodeDiv. 4Ch. 1Art. 4§ 1092 Contract Avoidance By Parties

§ 1092 Contract Avoidance By Parties

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1092 Contract Avoidance By Parties

Key Takeaways

  • •If a government worker makes a deal that helps themselves, the deal can be canceled by others involved.
  • •The deal can only be canceled if the worker used their job to make the deal.
  • •You have 4 years to complain about the deal after you find out about it.

Example

A city worker helps pick a company to fix roads, but they own part of that company.

The city can cancel the deal with the company because the worker used their job to help themselves.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1092 Contract Avoidance By Parties

(a) Every contract made in violation of any of the provisions of Section 1090 may be avoided at the instance of any party except the officer interested therein. No such contract may be avoided because of the interest of an officer therein unless the contract is made in the official capacity of the officer, or by a board or body of which he or she is a member. (b) An action under this section shall be commenced within four years after the plaintiff has discovered, or in the exercise of reasonable care should have discovered, a violation described in subdivision (a). (Amended by Stats. 2007, Ch. 68, Sec. 1. Effective January 1, 2008.)

Last verified: January 22, 2026

Key Terms

contractviolationSection 1090officerofficial capacityboard or bodyfour years

Related Statutes

  • § 1090 Public Official Contract Conflicts
  • § 1097.1 Commission Enforcement Authority
  • § 1097.3 Civil Penalties For Violations
  • § 1090.1 Insurance Commission Ban
  • § 1091 Officer Conflict Disclosure Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 1092.
View Official Source