Bill Summary for H 365 (2019-2020)
|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.
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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.