34-601. Definitions In this chapter, unless the context otherwise requires: 1. " Contract" means all types of agent agreements, regardless of what they are called, for the procurement of assayer services, construction services, design services, geologist services or land surveying services. 2. " Contractor" means any person who has a contract with an agent for […]
34-602. Project delivery methods for design and construction services A. An agent may procure design services, construction and construction services, as applicable, under any of the following project delivery methods: 1. Design-bid-build. 2. Construction-manager-at-risk. 3. Design-build. 4. Job-order-contracting. B. Except as provided in section 41-2501, subsection C and section 41-2535, subsection D, for the design-bid-build […]
34-603. Procurement of professional services and construction-manager-at-risk, design-build and job-order-contracting construction services; definition A. Except for services that are under a single contract and that an agent procures pursuant to section 34-103 or 34-606, an agent shall procure a single contract for the following services pursuant to this section: 1. Architect services. 2. Construction-manager-at-risk construction […]
34-604. Procurement of multiple contracts for certain job-order-contracting construction services and certain professional services; definition A. Except for multiple contracts an agent procures pursuant to section 34-103, section 34-606 or this section, an agent shall not procure in a single procurement multiple contracts for construction services or professional services. In a procurement under this section, […]
34-605. Requirements applicable to construction services and professional services and to contracts for construction services and professional services; definition A. The requirements prescribed in this section apply to each contract entered into as the result of a procurement under section 34-603, 34-604 or 34-606 and to the professional services and construction services included in each […]
34-606. Emergency procurements Notwithstanding any other provision of this title, an agent may make or authorize others to make emergency procurements of architect services, construction-manager-at-risk construction services, design-bid-build construction services, design-build construction services, engineer services, job-order-contracting construction services, landscape architect services, assayer services, geologist services or land surveying services if a threat to the public […]
34-607. Multiterm contracts for job-order-contracting construction services A. A contract for construction services using the job-order-contracting method may be entered into for a period of up to five years, as deemed to be in the best interest of the agent, if the term of the contract and conditions of renewal or extension, if any, are […]
34-608. Bid security for design-build and job-order-contracting construction services A. As a guarantee that the contractor will enter into a contract, bid security is required for all design-build construction services and all job-order-contracting construction services awarded by an agent by competitive sealed proposals pursuant to section 34-603, subsection F or 34-604, subsection F if the […]
34-609. Contracts for construction-manager-at-risk, design-build and job-order-contracting construction services; payments to contractor; security; recovery of damages by contractor for delay; progress payments; changed or additional work; attorney fees; definitions A. An agent shall enter into a contract with the selected person or firm for construction-manager-at-risk construction services, design-build construction services or job-order-contracting construction services. B. […]
34-610. Construction-manager-at-risk, design-build and job-order-contracting construction services surety bond required; suit on bond; limitations A. Except if specifically exempted by statute, before an agent executes any contract with any person or firm for construction-manager-at-risk construction services, design-build construction services or job-order-contracting construction services, the person or firm shall furnish to the agent entering into the […]
34-611. Payment bonds for construction-manager-at-risk, design-build and job-order-contracting construction services A. Every claimant who has furnished labor or material in the prosecution of the construction provided for in a contract for construction-manager-at-risk construction services, design-build construction services and job-order-contracting construction services in respect of which a payment bond is furnished under section 34-610, and who […]
34-612. Accounting standards; statutory applicability A. Any construction by a county pursuant to this chapter shall comply with the uniform accounting system prescribed for counties by the auditor general pursuant to section 41-1279.21. Any construction by a city or a town pursuant to this chapter shall comply with generally accepted accounting principles. B. Any building, […]
34-613. Failure to comply; civil penalty A. An agent who knowingly and intentionally violates this chapter is liable for a civil penalty of not more than: 1. Ten thousand dollars for a first violation. 2. Twenty-five thousand dollars for a second violation. 3. Seventy-five thousand dollars for a third violation. B. All monies collected from […]
