Title 38, Public Contracts, Works and Improvements
0 chapters · 1,355 sections in this title.
La. Rev. Stat. § 38:217 Drainage of water into public road prohibited
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§217. Drainage of water into public road prohibited No owner or user of water from artesian wells or other artificial sources of water supply shall allow water to flow or drain on any public road or highway. Whoever violates this Section shall be fined not less than five dollars …
La. Rev. Stat. § 38:218 Diversion of natural drain prohibited
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§218. Diversion of natural drain prohibited A. No person diverting or impeding the course of water from a natural drain shall fail to return the water to its natural course before it leaves his estate without any undue retardation of the flow of water outside of his enclosure the…
La. Rev. Stat. § 38:2181 Venue of suits
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§2181. Venue of suits A. A suit to annul a public contract on the ground of fraud, illegality, or violation of the contract, may be instituted against a contractor either in the parish of the domicile of the contractor or in the parish where the real or personal property involved…
La. Rev. Stat. § 38:2182 Mandatory information requirement for contracts let without competition under the authority of an executive order
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§2182. Mandatory information requirement for contracts let without competition under the authority of an executive order A. The provisions of this Section shall apply to any contract for a public work which is subject to the provisions of Chapter 10 of this Title, hereinafter ref…
La. Rev. Stat. § 38:2183 REPEALED BY ACTS 1991, NO
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§2183. REPEALED BY ACTS 1991, NO. 1044, §2.
La. Rev. Stat. § 38:2184 Preference given to supplies, material, or equipment produced or offered by Louisiana citizens
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§2184. Preference given to supplies, material, or equipment produced or offered by Louisiana citizens All public entities shall, in making purchase of supplies, material, or equipment, give preference to supplies, material, or equipment produced or offered by Louisiana citizens, …
La. Rev. Stat. § 38:2184.1 REPEALED BY ACTS 1991, NO
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§2184.1. REPEALED BY ACTS 1991, NO. 1044, §2.
La. Rev. Stat. § 38:2185 REPEALED BY ACTS 1991, NO
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§2185. REPEALED BY ACTS 1991, NO. 1044, §2.
La. Rev. Stat. § 38:2186 REPEALED BY ACTS 1991, NO
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§2186. REPEALED BY ACTS 1991, NO. 1044, §2.
La. Rev. Stat. § 38:2187 REPEALED BY ACTS 1991, NO
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§2187. REPEALED BY ACTS 1991, NO. 1044, §2.
La. Rev. Stat. § 38:2188 Mandamus to compel performance of contract
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§2188. Mandamus to compel performance of contract A. In the event that any person shall contract with any public entity with reference to the paving, grading, repairing, reconstructing, or care of any street, highway, bridge, culvert, levee, canal, ditch, or crossing, and shall f…
La. Rev. Stat. § 38:2189 Prescription
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§2189. Prescription Any action against the contractor on the contract or on the bond, or against the contractor or the surety or both on the bond furnished by the contractor, all in connection with the construction, alteration, or repair of any public works let by the state or an…
La. Rev. Stat. § 38:2189.1 Prescription; claims by contractors; surety
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§2189.1. Prescription; claims by contractors; surety Any action by the contractor on the contract or on the bond, or by the contractor or the surety or both on the bond furnished by the contractor, against the state, or any of its agencies, boards or subdivisions, all in connecti…
La. Rev. Stat. § 38:219 Obstruction of drainage channels prohibited
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§219. Obstruction of drainage channels prohibited No person shall: (1) Obstruct drainage channels by bridging them except in accordance with plans, specifications and instructions prescribed by the levee or drainage district; (2) Construct dams, locks, or gates in drainage channe…
La. Rev. Stat. § 38:2190 Architects and engineers prohibited under certain circumstances from owning substantial interest in organizations furnishing materials for construction of public work
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§2190. Architects and engineers prohibited under certain circumstances from owning substantial interest in organizations furnishing materials for construction of public work A. Architects and engineers are prohibited from owning a substantial financial interest, either directly o…
La. Rev. Stat. § 38:2191 Payments under contract
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§2191. Payments under contract A. All public entities shall promptly pay all obligations including approved change orders, arising under public contracts when the obligations become due and payable under the contract. All progressive stage payments and final payments shall be pai…
La. Rev. Stat. § 38:2191.1 Foreign gifts and contracts
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§2191.1. Foreign gifts and contracts A. As used in this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) "Contract" means any agreement for the direct benefit or use of any party to the agreement, including an agre…
La. Rev. Stat. § 38:2192 Certain contract amendments and revisions; recordation
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§2192. Certain contract amendments and revisions; recordation Each amendment or other revision to any service or insurance contract which adds an amount of ten percent or more of the original contract amount and which additional amount is at least ten thousand dollars or all amen…
La. Rev. Stat. § 38:2193 Prohibited donation, loan or pledge of public credit or property; suits to invalidate contracts violative thereof
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§2193. Prohibited donation, loan or pledge of public credit or property; suits to invalidate contracts violative thereof A. In any case in which the legislative auditor, by virtue of any audit conducted by him or on his behalf or filed with him, has reason to believe that any con…
La. Rev. Stat. § 38:2194 Exemptions
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§2194. Exemptions Notwithstanding any provision of law to the contrary, the provisions of this Chapter shall not apply to purchases of natural gas by political subdivisions. Acts 1987, No. 793, §1, eff. July 17, 1987.
La. Rev. Stat. § 38:2195 Prohibited provisions
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§2195. Prohibited provisions A. It is hereby declared that any provision contained in a public contract, other than a provision naming another as a coinsured or additional beneficiary in a contract of insurance, which requires a public entity to assume liability for damages arisi…
La. Rev. Stat. § 38:2196 Public contracts; certain provisions invalid
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§2196. Public contracts; certain provisions invalid A. The legislature finds that, with respect to public contracts involving the state or a political subdivision of the state, when the work is to be done in this state, or the services are to be provided or the materials are to b…
La. Rev. Stat. § 38:2196.1 Repealed by Acts 2011, No
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§2196.1. Repealed by Acts 2011, No. 343, §5.
La. Rev. Stat. § 38:22 Definitions
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§22. Definitions When used in this Chapter, the following words, terms, and phrases shall have the following meaning: (1) "Dam" is any artificial barrier, including appurtenant works, which does or will impound or divert water or any other liquid substance and which has or will h…
La. Rev. Stat. § 38:220 Interference with drainage of roads parallel or contiguous to public levees
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§220. Interference with drainage of roads parallel or contiguous to public levees No proprietor, owner, lessee, or possessor of lands abutting upon any public road parallel or contiguous to any public levee shall in any manner close or place any obstruction in the drains or ditch…
La. Rev. Stat. § 38:221 Rice-flumes, dahls, or pipes in public levees prohibited
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§221. Rice-flumes, dahls, or pipes in public levees prohibited A. No person shall place in, through, or under any public levee any rice-flume, dahl, pipe, or other conduit or, after due notification by the levee board or governing authority of the parish, shall fail to remove fro…
La. Rev. Stat. § 38:2211 Definitions
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§2211. Definitions A. As used in this Chapter unless the context clearly indicates otherwise, the following terms shall mean: (1) "Alternate" means an item on the bid form that may either increase or decrease the quantity of work or change the type of work within the scope of the…
La. Rev. Stat. § 38:2211.1 Restrictions on public entities that fail to comply with audit requirements
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§2211.1. Restrictions on public entities that fail to comply with audit requirements A. No public entity that, pursuant to R.S. 39:72.1, has been deemed to have failed or refused to comply with the provisions of R.S. 24:513 shall let any public contract under this Part that utili…
La. Rev. Stat. § 38:2211.2 A+B bidding; pilot program; public works contracts let by local governmental
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§2211.2. A+B bidding; pilot program; public works contracts let by local governmental subdivision or political subdivision A.(1) A pilot program is hereby established to authorize local governmental subdivisions or political subdivisions to use the A+B bidding method to determine…
La. Rev. Stat. § 38:2212 Advertisement and letting to lowest responsible and responsive bidder; public work;
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§2212. Advertisement and letting to lowest responsible and responsive bidder; public work; electronic bidding; participation in mentor-protégé program; exemptions; subpoena A.(1)(a) All public work exceeding the contract limit as defined in this Section, including labor and mater…
La. Rev. Stat. § 38:2212.1 Advertisement and letting to lowest responsible bidder; materials and supplies;
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§2212.1. Advertisement and letting to lowest responsible bidder; materials and supplies; exemptions A.(1)(a) All purchases of any materials or supplies exceeding the sum of sixty thousand dollars to be paid out of public funds shall be advertised and let by contract to the lowest…
La. Rev. Stat. § 38:2212.10 Verification of employees involved in contracts for public works
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§2212.10. Verification of employees involved in contracts for public works A.(1) The legislature finds that when illegal immigrants are living in this state and are encouraged to reside here through the benefit of employment without verification of immigration status, the result …
La. Rev. Stat. § 38:2212.2 Demolition of state buildings
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§2212.2. Demolition of state buildings A. No building or structure owned by the state of Louisiana, except highways, bridges, railroads, and integrated coastal protection projects as defined by R.S. 49:214.2(11) and (14), may be razed, demolished, or otherwise disposed of unless …
La. Rev. Stat. § 38:2212.3 Right to reject bids from Communist countries
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§2212.3. Right to reject bids from Communist countries In awarding contracts for materials and supplies, any public entity is authorized to reject the lowest bid if received from a bidder domiciled in a Communist country, or if the materials or supplies are manufactured in a Comm…
La. Rev. Stat. § 38:2212.4 Purchase of materials, supplies, vehicles, or equipment from public trusts
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§2212.4. Purchase of materials, supplies, vehicles, or equipment from public trusts A. The intent of this Section is to provide an alternate cost effective means of acquisition of materials, supplies, vehicles, or equipment for the efficient operation of public entities by allowi…
La. Rev. Stat. § 38:2212.5 Prequalified bidders
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§2212.5. Prequalified bidders Except for construction or repair of roads and bridges and those contractors providing materials and supplies for construction or repair of roads and bridges, the division of administration may prequalify bidders for historic restoration projects fun…
La. Rev. Stat. § 38:2212.6 Purchase of materials and supplies for homeland security
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§2212.6. Purchase of materials and supplies for homeland security Notwithstanding any other provision of law to the contrary, any public procurement unit may procure materials, supplies, equipment, and services related to homeland security from federal General Services Administra…
La. Rev. Stat. § 38:2212.7 Limitations on consultants competing for contracts
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§2212.7. Limitations on consultants competing for contracts A. Any person contracting with an agency for the purposes of developing bidding documents, requests for proposals, or any other type of solicitation related to a specific procurement shall be prohibited from bidding, pro…
La. Rev. Stat. § 38:2212.8 Prohibition of bids from or contracts with unlicensed dealers
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§2212.8. Prohibition of bids from or contracts with unlicensed dealers A. A public entity shall not accept any bid from or enter into any contract or cooperative endeavor agreement, or any other transaction for the procurement of vehicles, with a dealer who does not possess a val…
La. Rev. Stat. § 38:2212.9 Right to prohibit awards or procurement with individuals convicted of certain
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§2212.9. Right to prohibit awards or procurement with individuals convicted of certain felony crimes A. In awarding contracts, any public entity is authorized to reject the lowest bid from, or not award the contract to, a business in which any individual with an ownership interes…
La. Rev. Stat. § 38:2213 Purchase and sale of land by public bodies; disclosure of names of appointed or elected officials with pecuniary interest prior to transaction; voting by members of body with pecuniary interest prohib
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§2213. Purchase and sale of land by public bodies; disclosure of names of appointed or elected officials with pecuniary interest prior to transaction; voting by members of body with pecuniary interest prohibited A. Each public entity shall enter in the official record of the proc…
La. Rev. Stat. § 38:2214 Designation of time and place for opening bids; right to reject bids
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§2214. Designation of time and place for opening bids; right to reject bids A. The public entity desiring to let a public contract shall, in the advertisement for bids, designate the time and place that the bids will be received and shall at that time and place publicly open the …
La. Rev. Stat. § 38:2215 Time period for holding bids; issuance of work orders to commence work;
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§2215. Time period for holding bids; issuance of work orders to commence work; exceptions A.(1) A public entity shall act not later than forty-five calendar days after the date of opening bids to award such public works contract to the lowest responsible and responsive bidder or …
La. Rev. Stat. § 38:2216 Written contract and bond
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§2216. Written contract and bond A.(1) When any bid is accepted for the construction or doing of any public works, a written contract shall be entered into by the successful bidder and the public entity letting the contract, and the party to whom the contract is awarded shall fur…
La. Rev. Stat. § 38:2216.1 Prohibition on contracts with companies that discriminate against firearm
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§2216.1. Prohibition on contracts with companies that discriminate against firearm and ammunition industries A. As used in this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) "Ammunition" shall mean a loaded cart…
La. Rev. Stat. § 38:2217 Independent arbitration; judicial review; evidence
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§2217. Independent arbitration; judicial review; evidence In all public building, construction or other contracts which do not provide the right to independent arbitration with both parties having equal authority in selection of the arbitrator or arbitrators, the right of each pa…
La. Rev. Stat. § 38:2218 Evidence of good faith; countersigning
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§2218. Evidence of good faith; countersigning A. The public entity advertising for bids for work shall require the bidders to attach a certified check, cashier's check, or bid bond for not more than five percent of the contract price of work to be done, as an evidence of good fai…
La. Rev. Stat. § 38:2219 Procurement of surety bonds and insurance
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§2219. Procurement of surety bonds and insurance A.(1)(a) Any surety bond written for a public works project shall be written by a surety or insurance company currently on the U.S. Department of the Treasury Financial Management Service list of approved bonding companies which is…
La. Rev. Stat. § 38:222 Regulations for operation of siphons through levees
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§222. Regulations for operation of siphons through levees Any authority granted under the provisions of R.S. 38:221 to operate a siphon over the public levees shall be subject to the following regulations: 1. The location of all siphons shall be at right angles to the axis of the…
La. Rev. Stat. § 38:2220 Purchase or contract contrary to provisions of this Part void
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§2220. Purchase or contract contrary to provisions of this Part void A. Any purchase of materials or supplies, or any contract entered into for the construction of public works, contrary to the provisions of this Part shall be null and void. B. The district attorney in whose dist…