AN ACT TO AMEND THE LAW REGARDING CHANGE ORDERS ON SCHOOL CONSTRUCTION PROJECTS. Enacted June 30, 2016. Effective October 1, 2016.
Bill Summaries: S330 CHANGE ORDERS ON SCHOOL CONSTRUCTION PROJECTS.
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Tracking:
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Bill S 330 (2015-2016)Summary date: Jun 30 2016 - View Summary
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Bill S 330 (2015-2016)Summary date: Jun 15 2016 - View Summary
House committee substitute makes the following changes to the 4th edition.
Deletes the previous language of proposed subsection (h) to GS 115C-521 (Erection of school buildings), and replaces it with the following.
Requires each local board of education to adopt a policy governing change orders to any construction or repair work for which a contract has been awarded in accordance with GS 143-128 (requirements for certain building contracts), GS 143-128.1 (construction management at risk contracts, GS 143-128.1A (design-build contracts), GS 143-128.1B (design-build bridging contracts), GS 143-128.1C (public-private partnership construction contracts), or GS 143-129 (procedure for letting of public contracts).
Requires the policy adopted pursuant to proposed subsection (h) to address: (1) the process by which a proposed change order is submitted by the contractor for approval, including any request for expedited review; (2) the individual(s) with responsible authority for approving change orders of a particular category of work or amount, or a combination thereof, and the corresponding descriptions and dollar limits; (3) the process by which any change order that must be reviewed and approved by the local board is submitted to the local board; and (4) the process by which the local board is notified of all change orders submitted to the individual(s) identified with responsible authority to approve those orders, and the resulting actions taken.
Effective October 1, 2016, and applies to contracts awarded, extended, or renewed on or after that date.
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Bill S 330 (2015-2016)Summary date: Apr 29 2015 - View Summary
Senate amendment makes the following changes to the 3rd edition.
Amends GS 115C-521 to require that a change order be submitted to the superintendent. Adds that it is up to the superintendent to determine the risk of increased cost.
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Bill S 330 (2015-2016)Summary date: Apr 28 2015 - View Summary
Senate committee substitute makes the following changes to the 2nd edition.
Requires all change orders involving school construction contracts to be approved by the local board of education except as provided in a policy adopted by a local board of education. Clarifies that a local board of education must adopt a policy providing change orders are not subject to approval by the local board of education but may be approved by the superintendent or superintendent's designee for change orders that do not exceed the specified amounts. Makes conforming changes.
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Bill S 330 (2015-2016)Summary date: Apr 22 2015 - View Summary
Senate committee substitute makes the following changes to the 1st edition.
Deletes all of the provisions of the previous edition.
Enacts new GS 115C-521(h) providing that all change orders involving school construction contracts must be approved by the local board of education except in specified situations including when a change order is required to be approved before the next regularly scheduled board meeting due to (1) health or safety issues, (2) a delay of a construction project, or (3) the risk of increased cost, the chair of the local board of education or designee can approve the order. Requires the superintendent to report the change order to the local board of education at its next regularly scheduled meeting.
Provides that the superintendent can approve change orders without approval by the local board of education in accordance with the following: (1) if a local school administrative unit has had an average of at least $50 million of school construction projects over the prior five years, then the superintendent or designee can approve a change order up to $100,000 and (2) if a local school administrative unit has had an average of less than $50 million of school construction projects over the prior five years, then the superintendent or designee can approve a change order up to $25,000.
Effective October 1, 2015.
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Bill S 330 (2015-2016)Summary date: Mar 18 2015 - View Summary
Enacts new GS 115C-521(h) providing that all change orders involving school construction contracts must be approved by the local board of education except in the following two situations: (1) the superintendent or designee can approve a change order in an amount of less than $10,000 and (2) in the event of an emergency, the local board of education chair can approve other change orders at the request of the superintendent; requires the superintendent to report such change orders to the local board of education at its next regularly scheduled meeting.
Effective July 1, 2015.