A BILL TO BE ENTITLED AN ACT AUTHORIZING PUBLIC CONTRACTS TO UTILIZE THE DESIGN BUILD METHOD OR PUBLIC PRIVATE PARTNERSHIP CONSTRUCTION CONTRACTS.
House amendment makes the following changes to the 5th edition.
Amends GS 143-64.31, Declaration of public policy, providing in subsection (d) that in the event a public body fails (previously, willfully fails) to submit the required reports of this section, the same public body will be prohibited from utilizing certain delivery methods provided for in GS Chapter 143 until the reporting requirement is met. Further amends the subsection to add that contracts entered into in violation of this prohibition will not be deemed ultra vires, and remain valid and fully enforceable. Provides for injunctive relief by persons, corporations, or entities that have submitted bids or responses to a request for proposals by the public body that has not complied with the reporting requirement of this section. No monetary damages will be awarded and attorneys' fees for the plaintiff or the defendant will only be awarded as allowed pursuant to GS 1A-11 or GS 6-21.5. Actions seeking injunctive relief must be filed within four years from the date that the owner took beneficial occupancy of the project for which the report remains due.
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