91st General Assembly
Summary of SB0812
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Short description: 
PUB CONSTRUCT CONTRCT ACT                                                  

Synopsis of Bill as introduced:
        Creates the Public  Construction  Contract  Act.   Provides  that      
   certain  provisions  concerning site conditions apply to all contracts      
   for improvements between  a  contractor  and  a  governmental  entity.      
   Provides  for  the adjustment and modification of contracts if certain      
   site conditions are found.  Provides for arbitration of a contractor's      
   entitlement to recover for additional contract costs or  time  because      
   of conditions at the site.  Effective immediately.                          
        SENATE AMENDMENT NO. 1.                                                
        Deletes  everything.   Reinserts  the  provisions  of  the  bill.      
   Provides that  "governmental  entity"  includes  a  special  district.      
   Removes  references  to  the  State  and  State  agencies.   Effective      
        SENATE AMENDMENT NO. 2.                                                
        Deletes  a  provision  that  allows  a  contractor  to   complete      
   performance  of  the  contract,  with  the consent of the governmental      
   entity, if the contractor does not agree with a determination  of  the      
   governmental  entity.   Provides  that  a  contractor and governmental      
   entity  may,  by  mutual   agreement,   arbitrate   the   contractor's      
   entitlement  to  recover the actual increase in contract time or costs      
   incurred because of  a  physical  condition  at  the  site  (now,  the      
   contractor  and  governmental  entity  shall arbitrate those matters).      
   Deletes a provision requiring  the  arbitration  to  be  conducted  in      
   accordance  with  the  rules  of the American Arbitration Association.      
   Makes technical corrections.                                                
        HOUSE AMENDMENT NO. 1.                                                 
        Requires a contractor who discovers certain  physical  conditions      
   at  the site to notify the governmental entity of the condition before      
   disturbing the condition (now, before disturbing the site).                 
        HOUSE AMENDMENT NO. 2.                                                 
        Provides  that  for  the  purposes  of  the  Public  Construction      
   Contract Act, "governmental entity" does not include the  Metropolitan      
   Water Reclamation District.                                                 
        HOUSE AMENDMENT NO. 3.                                                 
        Makes a technical correction in the Public Construction  Contract      
Last action on Bill: PUBLIC ACT.............................. 91-0647

   Last action date: 99-12-03

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   2


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