§ 11-35-3245 — Architect, engineer, or construction manager; performance of other work.

(a) An architect or engineer performing design work, or a construction manager performing construction management services, both as described in Section 11-35-2910(1) and (3), under a contract awarded pursuant to the provisions of Section 11-35-3220 or Section 11-35-3230, may not perform other work, by later amendment or separate contract award, on that project as a contractor or subcontractor either directly or through a business in which he or his architectural engineering or construction management firm has greater than a five percent interest. (b) For purposes of this section, safety compliance and other incidental construction support activities performed by the construction manager are not considered work performed as a contractor or subcontractor. If the construction manager performs or is responsible for safety compliance and other incidental construction support activities, and these support activities are in noncompliance with the provisions of Section 41-15-210, then the construction management firm is subject to all applicable fines and penalties. (c) This section applies only to procurements for construction using the design-bid-build project delivery method.

Legislative History

HISTORY: 1991 Act No. 4, SECTION 1; 1994 Act No. 345, SECTION 1; 1997 Act No. 153, SECTION 1; 2006 Act No. 376, SECTION 47; 2008 Act No. 174, SECTION 18. Editor's Note 2008 Act No. 174, SECTION 21, provides as follows: "This act takes effect upon approval by the Governor and applies to solicitations issued on or after January 1, 2008." ARTICLE 10 Indefinite Quantity Contracts