South Dakota § 5-18B-43 Criteria for construction manager engagement.

South Dakota Statutes

§ 5-18B-43 — Criteria for construction manager engagement.

South Dakota § 5-18B-43

Title 5PUBLIC PROPERTY, PURCHASES AND CONTRACTS

Ch. 5-18PROCUREMENT OF PUBLIC IMPROVEMENTS

This text of South Dakota § 5-18B-43 (Criteria for construction manager engagement.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 5-18B-43 (2026).

Text

Unless the construction manager-agent is an employee of the purchasing agency and provides the construction management services pursuant to such employment, no purchasing agency may engage the services of a construction manager except as follows:

(1)The purchasing agency shall first make the following determinations:

(a)That it is in the public interest to utilize the services of a construction manager; and (b) That the construction management services would not unreasonably duplicate and would be in addition to the normal scope of separate architect or engineer contracts;

(2)Notwithstanding any other provisions of this chapter, no construction manager may contract to perform actual construction on the project, except as follows:

(a)The construction manager may perform g

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Unless the construction manager-agent is an employee of the purchasing agency and provides the construction management services pursuant to such employment, no purchasing agency may engage the services of a construction manager except as follows: (1) The purchasing agency shall first make the following determinations: (a) That it is in the public interest to utilize the services of a construction manager; and (b) That the construction management services would not unreasonably duplicate and would be in addition to the normal scope of separate architect or engineer contracts; (2) Notwithstanding any other provisions of this chapter, no construction manager may contract to perform actual construction on the project, except as follows: (a) The construction manager may perform general conditions of the construction contract as required by the owner; (b) The construction manager is a construction manager-at-risk and was solicited through a qualification-based request for proposals method of procurement as provided in § 5-18B-44 and the construction manager-at-risk, for any actual construction contracted by the construction manager-at-risk to be performed on the project, provides payment and performance bonds and competitively bids the work as required by any statute governing bidding and bonding for public improvement projects; (c) Pursuant to a contract awarded on an emergency basis, pursuant to § 5-18A-9 ; or (d) Pursuant to a contract negotiated pursuant to subdivision 5-18A-5(9); and (3) No person, firm, or corporation may act as a construction manager-agent and also as a contractor on any public improvement, except as follows: (a) Pursuant to a contract awarded on an emergency basis, pursuant to § 5-18A-9 ; or (b) Pursuant to a contract negotiated pursuant to subdivision 5-18A-5(9).