§ 1720.2. Private contracts for public works

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:

1. The construction contract is between private persons.
2. 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.
3. 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.