AN ACT TO REVISE THE EDUCATION REQUIREMENTS FOR LICENSURE OF A PROFESSIONAL LAND SURVEYOR, TO MAKE VARIOUS TECHNICAL CHANGES, TO CLARIFY THE DESIGN-BUILD AND DESIGN-BUILD BRIDGING STATUTES, TO PROHIBIT WAIVER OF FUTURE CLAIMS FOR PROGRESS PAYMENTS ON CONSTRUCTION CONTRACTS, TO REQUIRE ATTORNEYS' FEES IN CERTAIN LIEN CLAIMS, AND TO DEFINE THE TERM "SUPPLIER" AS USED IN A PROVISION OF THE ALCOHOL CONTROL LAWS.
House committee substitute to the 3rd edition makes the following changes.
Makes organizational changes to move the content of the act into Part I. and renumbering the Sections accordingly.
Further amends GS 89C-13 to eliminate certification as a land surveyor intern. Makes a conforming deletion to GS 89C-3, eliminating land surveyor intern as a defined term.
Deletes the proposed changes to the education, experience, and testing requirements of GS 89C-13(b) concerning licensure requirements for professional land surveyors. Instead amends the licensure requirements of the statute as follows. Now requires satisfaction of one of the following combinations of education and experience to be licensed as a professional land surveyor: (1) a Board-approved bachelor's of science in surveying or other equivalent curricula and at least two years of progressive practical experience under a practicing land surveyor (existing law requires only one year experience under a practicing professional land surveyor if the applicant has passed the first examination), successfully passing the first and second examinations (Fundamentals of Land Surveying, and Principles and Practice of Land Surveying, respectively) and other examinations required by the Board to determine and indicate the individual's competency to practice; (2) an associate degree in surveying technology and at least five years of progressive practical experience under a practicing licensed professional land surveyor (existing law requires between four and eight years of experience, with three or four years under a practicing professional land surveyor, based on whether the applicant has passed the first examination by a certain date), successfully passing the first and second examinations and other examinations required by the Board to determine and indicate the individual's competency to practice; (3) graduation from a high school or completion of a high school equivalency certificate and at least nine years of progressive practical experience under a practicing professional land surveyor (existing law requires between seven and 16 years of practical experience, with between six and nine years of experience under a practicing professional land surveyor, based on whether the applicant has passed the first examination by a certain date), successfully passing the first and second examinations, and other examinations required by the Board to determine and indicate the individual's competency to practice; and (4) graduation from a high school or the completion of a high school equivalency certificate, completion of a Land Surveyor Apprenticeship, now defined in GS 89C-3, and at least seven years of progressive practical experience under a practicing professional land surveyor, successfully passing the first and second examinations and other examinations required by the Board to determine and indicate the individual's competency to practice (entirely new qualifications). Makes conforming changes.
Further amends GS 89C-10 to require the Board to review and promulgate rules establishing continuing education requirements for surveyor apprenticeships and encourage workforce development of the profession.
Changes the effective date of the proposed changes to GS Chapter 89C to December 1, 2021 (was, October 1, 2021), applicable to applications for licensure on or after that date.
Adds the following new content, organized as Part II. of the act.
Makes the following changes to GS 143-128.1A, which governs design-build contracts. Adds to the defined terms: design professional; first-tier subcontractor; licensed contractor; licensed subcontractor; and unlicensed subcontractor. Modifies the project team selection options for the statement a design-builder must include in its response to a governmental entity's request for qualifications as follows, with the governmental entity permitted to specify which option is to be used in a response. Requires either a list of the licensed contractors, licensed subcontractors, and design professionals (was, licensed design professionals) whom the design-builder proposes to use for the project's design and construction, or a list of the licensed contractors and design professionals whom the design-builder proposes to use for the project's design and construction and an outline of the strategy the design-builder plans to use for open subcontractor selection (was, open contractor and subcontractor selection) based on Article 8 (previously did not require a list in addition to the strategy outline option). In either case, now allows the design-builder to self-perform some or all of the work with employees of the design-builder. If using the first project team selection option, allows design-builders to enter into negotiated subcontracts to perform some or all of the work with subcontractors without bidding and whether or not identified on the list, and allows the list to include one or more unlicensed subcontractors the design-builder proposes to use. Also allows for the design-builder to accept bids for the selection of one or more of its first-tier subcontractors under the first option, with or without the use of negotiated subcontracts. Specifies that the required certification of the design-builder regarding the qualification of each design professional on the design-build team must be included in the response to the request for qualifications in subsection (c), as amended, no longer limiting the certification to licensed design professionals on the team only. Now requires the design builder to obtain written approval from the governmental entity prior to changing key personnel listed in either project team selection option (was, required of the first project team selection option only) after the contract has been awarded. Adds a definition for key personnel based on the project team selection option, with (1) licensed contractors, licensed subcontractors and design professionals identified in the response to the request for qualifications under the first option (subsubdivision (c)(8)a.) and (2) licensed contractors and design professionals identified in the response to the request for qualifications under the second option (subsubdivision (c)(8)b.).
Amends GS 143-128.1B concerning public design-build bridging contracts. Adds to the defined terms costs of the subcontractor work, general conditions, and licensed contractor. Prohibits requiring a design-builder to provide the costs of the subcontractor work, defined as the sum of all first-tier subcontract packages bid or proposed to be bid for all construction work under the statute, in the design criteria package. Makes conforming changes. Adds to the required contents of the design criteria package the list of general conditions, as defined, prepared by the governmental entity for which the design-builder is to provide a fixed fee; the form of the contract to be entered into by the successful design-builder to whom the project is awarded, allowing for the contract to include (at the governmental entity's discretion) multiple phases, termination for convenience and rights arising from the contract, and subsequent setting of guaranteed maximum prices; and a statement directing each design-builder to submit in its response to the request for qualifications an explanation of its proposed plan for its good-faith compliance with GS 143-128.2, regarding minority business participation. Now requires the governmental entity's request for proposal to include a statement submitted in a separate sealed envelope, contemporaneously with the response to the RFP, the design builder's fixed fees, separately listed, and excluding the costs of the subcontractor work, for designing and constructing the project pursuant to the criteria of the governmental entity and terms and conditions set forth in the contract: the general conditions identified in the request for proposal, the general construction services not otherwise provided for, and the design-builder's design services necessary to complete the project. Concerning the required statement of project team selection and member qualification, refers to design professionals rather than licensed design professionals.
Amends GS 143-129 to exclude from the provisions of Article 8, Public Contracts, contracts by a public entity with a design-builder executed pursuant to GS 143-128.1A or GS 143-128.1B, or with a private developer executed pursuant to GS 143-128.1C.
Makes the above provisions applicable to contracts entered into, amended, or renewed on or after December 1, 2021.
Enacts new GS 22B-5 deeming void provisions in lien waivers, releases, construction agreements or design professional agreements which purport to require a promisor to submit a waiver or release of liens or claims as a condition of receiving an interim or progress payments due from a promise under a construction agreement or a design professional agreement, unless the provision is limited to the specific interim or progress payment actually received by the promisor in exchange for the lien waiver. Provides two exceptions. Applies to liens attached on or after December 1, 2021.
Amends GS 44A-35, which authorizes the presiding judge over a suit brought or defended under the provisions of Article 2 or 3 of the Chapter (governing statutory liens on real property and model payment and performance bonds) to allow a reasonable attorneys' fee to the attorney representing the prevailing party. Replaces the definition provided for prevailing party to now define the term as the party whose monetary position at the commencement of the trial, arbitration, or hearing is closest to the amount of the judgment or arbitration award, determined by the court or arbitrator based upon the principal amount in controversy between the parties as of the commencement of the trial, arbitration, or hearing resulting in a judgment or arbitration award, considering all relevant facts and circumstances (previously defined as the plaintiff or third party who obtains a judgment exceeding a specified threshold, with an alternate definition for offers of judgment). Now provides for the attorneys' fee to be taxed as part of the court costs with the final judgement or arbitration award. No longer provides for payment of the attorneys' fee by the losing party upon finding that there was an unreasonable refusal by the losing party to fully resolve the matter of the suit or the basis of the defense. Adds the following. Explicitly requires a court or arbitrator to determine the prevailing party as specified in the term's new definition, with parameters given for inclusion of offers or judgment or settlement offers for calculating the amount in controversy. Lists relevant facts and circumstances to be considered in determining the amount of reasonable attorneys' fees and expenses, and allows a party to submit evidence relating to an award of attorneys' fees by affidavit or declaration. Also allows the court to admit other evidence such as live or deposition testimony. Permits submission of expert testimony to support an award. Applies to any claim arising on or after December 1, 2021.
Changes the act's titles.