Bill Summary for H 857 (2013-2014)

Summary date: 

Jun 11 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 857 (Public) Filed Thursday, April 11, 2013
A BILL TO BE ENTITLED AN ACT AUTHORIZING PUBLIC CONTRACTS TO UTILIZE THE DESIGN BUILD METHOD OR PUBLIC PRIVATE PARTNERSHIP CONSTRUCTION CONTRACTS.
Intro. by Arp, Bryan, Moffitt, Hager.

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Bill summary

Senate committee substitute makes the following changes to the 3rd edition.

Amends GS 143-128.1B (a)(2) to expand the definition of design-builder to include a limited liability company. Amends subsection (e) to direct the governmental entity, following an evaluation of the qualifications of the design-builders, to rank those who have made responses to the request for proposals, grouping the top three without ordinal ranking. Requires the governmental entity to make a selection from the grouping of the top three design-builders, selecting the lowest, responsive bidder based on the cumulative amount of fees provided under subdivision (d)(10) of this section, and taking into consideration (1) quality, (2) performance, and (3) the time specified in the proposals for the performance of the contract.

Amends GS 143-128.1C(g)(2)b to provide that a claimant's service on a private developerof a claim of lien on real property or a claim of lien on funds as allowed by Article 2 of GS Chapter 44A, is deemed to be adequate notice under this section.

Amends GS 143-128.1C(g)(3) to indicate that there is an applicable exception provided in GS 44A-16(c) to the provision prohibiting commencing an action on a payment bond after one year from the day on which the last of the labor was performed or material was furnished by the claimant.

Amends GS 143-128.1C(g)(9) to provide that the obligations and liens set out in Article 2 of GS Chapter 44A apply to a project awarded under this section to the extent that a private developer holds any property interests in the project. Also provides that the private developer is to be deemed to bethe owner to the extent of that private developer's ownership interest. Specifies that this subdivision is not to be construed to make the provisions of Article2 of GS Chapter 44A apply to governmental entities or public buildings to the extent of any property interest held by the governmental entity in the building (was, this section provided that the provisions of this subsection were not to be construed to limit rights given to claimants under subsection (g)).

Amends GS 44A-16 to provide criteria for the discharge by a private developer of a claim of lien on real property or a claim of lien on funds for improvements performed in conjunction with a development contract under GS 143-128.1C and the surety on a payment bond issued under GS 143-128.1C(g)(1) in accordance with this subsection. Specifies procedures for the discharge of a claim of lien.

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