AN ACT PROVIDING THE TIME PERIOD IN WHICH THE DIRECTOR OF THE OFFICE OF STATE CONSTRUCTION SHALL ISSUE A FINAL ORDER ALLOWING OR DENYING A CONTRACTOR'S VERIFIED WRITTEN CLAIM. Enacted June 21, 2019. Effective January 1, 2020.
Summary date: Jun 21 2019 - View summary
Summary date: May 29 2019 - View summary
House committee substitute makes the following changes to the 2nd edition.
Modifies and adds to the proposed changes to GS 143-135.3 (Adjustment and resolution of State board construction contract claim). Makes clarifying changes in subsection (c) to consistently refer to the contractor's "verified written claim" rather than "claim" or "written claim." Makes conforming changes throughout. Makes organizational changes to modify existing subsection (c1), rather than repeal that subsection, to instead reflect the proposed language of subsection (c3). Makes further organizational changes to break down the proposed language of subsection (c2) into both subsections (c2) and (c3). Modifies the language now in subsection (c3) (was in subsection (c2)) to provide that the Director of the Office of State Construction's failure to issue a final written decision at the expiration of the agreed-upon extended time is a denial of the portions of the claim not previously compromised (previously only provided for the Director's failure to issue a final written decision within the parameters set forth in subsection (c2)). Makes further clarifying and technical changes to the statute, and makes language gender-neutral.
Further amends GS 143-135.6 to make language gender-neutral.
Summary date: Apr 16 2019 - View summary
Senate committee substitute to the 1st edition makes the following changes. Amends proposed GS 143-135.3(c2) to clarify that if the verified claim was originally for an amount of at least $100,000 (was, for an amount of $100,000) but less than $5 million, the Director must investigate and issue a final written decision allowing or denying the claim within the specified time frame.
Summary date: Mar 14 2019 - View summary
Amends GS 143-135.3 (Adjustment and resolution of State board construction contract claim). Amends the timeline for the Director of the Office of State Construction of the Department of Administration to issue a final written decision allowing or denying those portions of a contractor's claim that have not previously been compromised (currently called a written statement of the Director's decision). Directs the Director to investigate and issue a final written decision allowing or denying a claim of less than $100,000 within 120 days of receipt of the contractor's verified claim, and within 180 days of receipt of a verified claim of between $100,000 and $5 million, and within 270 days of receipt of a claim of more than $5 million. Authorizes the Director and the contractor to, in writing, extend the time in which the Director may issue a final written decision. Provides that the Director's failure to issue a final written decision as provided is a denial of the portions of the claim not previously compromised. Clarifies that the alternate civil action allowed under subsection (d) is permissible for claims denied under subsection (b) and (c) (currently, not specified).
Makes a conforming change to GS 143-135.6.
Effective January 1, 2020, and applies to verified claims submitted on or after that date.