House committee substitute to the 1st edition makes the following changes.
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.
STATE BOARD CONSTRUCTION CONTRACT CLAIM.
Printer-friendly: Click to view
| View NCGA Bill Details | 2019-2020 Session |
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.Intro. by Arp, Brody, Bell, Reives.
Bill History:
-
Thu, 14 Mar 2019 House: Filed
-
Mon, 18 Mar 2019 House: Passed 1st Reading
-
Wed, 10 Apr 2019 House: Reptd Fav Com Substitute
-
Wed, 10 Apr 2019 House: Re-ref Com On Judiciary
Bill Summaries:
-
Bill H 365 (2019-2020)Summary date: Apr 10 2019 - View Summary
-
Bill H 365 (2019-2020)Summary date: Mar 14 2019 - View Summary
Identical to S 255, filed 3/14/19.
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.