UPDATED April 2016: See Trey Allen’s blog post update for information on a recent 4th Circuit ruling that has bearing on HB2 (Title IX discrimination claim involving a transgender student’s use of bathrooms in a Virginia public school). During its special session held yesterday (March 23rd), the General Assembly enacted the Public Facilities Privacy & […]
Posts Tagged ‘building construction’
Since 1995, local governments have had express statutory authorization to prequalify bidders for public construction contracts under G.S. 143-135.8. If you look to this statute for guidance on the criteria or process to be used for prequalifying bidders, you will find the following: “Bidders may be prequalified for any public construction project.” That’s it? That’s […]
In my last two posts, I described the new design-build and design-build bridging construction delivery methods authorized by the General Assembly during the 2013 legislative session. This post completes our discussion of the new delivery methods by outlining the third method authorized in S.L. 2013-401/H857 – public-private partnerships (P3).
My last post discussed the new design-build construction method authorized by the General Assembly during the 2013 Session. S.L. 2013-401/H857 created not only a design-build construction contracting process, but also a construction contracting process called design-build bridging. Enacted as G.S. 143-128.1B, design-build bridging might be thought of as design-build “lite,” meaning it is a somewhat […]
Those familiar with local government construction contracting know the drill – put out an RFQ to hire an architect or engineer to design the project and then bid the construction work. But what if a local government wants to hire both its design professional and its contractor at the beginning of the project to work […]
The General Assembly’s crossover deadline has come and gone, so now is a good time to pause and take stock of pending legislation affecting public purchasing and contracting. Bills proposing changes to our state’s public contracting statutes include authorizing design-build and public private partnership construction contracts, authorizing local preferences, and requiring E-Verify by construction contractors. […]
The story goes something like this: Jones, who is something of an eccentric guy anyway, lives in a relatively good neighborhood. But his house has never really fit into the area. His house looks like a work in progress with no clear design plan. He apparently is in the process of remodeling and expanding the […]
New SOG Publication on HUB Participation Requirements . . . And Other SOG Purchasing and Contracting ResourcesWednesday, February 20th, 2013
Which of the following statements is true? A local government can reject a construction bid if the bidder does not list enough HUB subcontractors to meet the local government’s HUB participation goals. If a bidder forgets to identify on his bid the HUB subcontractors he plans to use on a project, he can submit this […]
NOTE: This post has been updated to reflect changes enacted by the General Assembly in 2013. In North Carolina, the procurement of professional services performed by architects, engineers, surveyors, and construction managers at risk is governed by G.S. 143-64.31, sometimes referred to as the “Mini-Brooks Act.” Eileen Youens authored an excellent blog post on Contracting […]
A frequently asked question if there ever was one. It would be nice if the statutes that govern local government activities were consistent and clear about what specific decisions or activities require governing board approval. No such luck. But there are a few key pieces of information that can help answer the question. This blog […]
One of the bills enacted by the General Assembly this session imposed new requirements for “owner-contractor” building construction projects. S.L. 2011-376 (HB 648) is summarized in the Purchasing and Contracting Legislative Wrap-up blog post and the 2011 Purchasing and Contracting Legislative Summary. Since the law’s enactment, a number of questions arose about these new requirements. […]
The North Carolina General Assembly adjourned on June 18, 2011 and will reconvene next month on July 13th. When it reconvenes in July, the legislature will only consider a narrow list of bills, namely redistricting, election laws, legislative appointments to boards and commissions, bills vetoed by the governor, and bills already in conference (Res. 2011-9). So, unless the […]
A tornado has ripped through Coatesville, damaging its water and sewer system, tearing the roof off of town hall, destroying the police department’s vehicles, and leaving tons of debris in its wake. The town declares a state of emergency and immediately begins mobilizing to recover from the disaster. Citizens are without water and sewer, town […]
Your local government has just received single-prime bids on the construction of a new civic center. After evaluating the bids you’ve received, you determine that Crafty Contractor Construction Company (“Crafty”) is the apparent lowest responsive, responsible bidder. Crafty identified four historically underutilized businesses (HUBs, that is, minority and women-owned businesses) that it will use on […]
You’ve just received bids on a construction project costing $50,000, and discovered that the lowest bidder is not a licensed general contractor. When you bring this to the bidder’s attention, she tells you that she will be licensed by the time the project is scheduled to start. Can you accept her bid?
Are You Certified? Part II: More Information About The New Statewide Uniform HUB Certification ProgramTuesday, August 25th, 2009
My post on the Statewide Uniform HUB Certification Program from two weeks ago prompted some follow-up questions through email. I thought it might be helpful to post those questions and my answers to those questions here.
On July 1, 2009, a new Statewide Uniform Certification Program for Historically Underutilized Businesses (commonly abbreviated as “HUBs” and formerly referred to as “minority- and women-owned businesses”) went into effect. North Carolina state agencies and local governments may now count only those businesses that are certified as HUBs through the new statewide program to determine […]