Title 38, Public Contracts, Works and Improvements
0 chapters · 1,355 sections in this title.
La. Rev. Stat. § 38:2220.1 Civil action for violations of this Part; legislative intent
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§2220.1. Civil action for violations of this Part; legislative intent It is the intent of the legislature in enacting R.S. 38:2220.1 through 2220.4 to authorize private citizens and other entities to institute a civil action against public entities to deter the construction of pu…
La. Rev. Stat. § 38:2220.2 Violation of Public Bid Law; civil actions; requirements
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§2220.2. Violation of Public Bid Law; civil actions; requirements A. Any person, association, corporation, or other business entity with direct knowledge of an alleged violation by a public entity of the provisions of R.S. 38:2212 et seq., may institute a civil action in district…
La. Rev. Stat. § 38:2220.3 Procedures; notification to attorney general; requirements
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§2220.3. Procedures; notification to attorney general; requirements A. Prior to initiation of the civil action, the complainant shall inform the attorney general of the alleged violation and all direct information he possesses regarding the alleged violation. The information shal…
La. Rev. Stat. § 38:2220.4 Order; recovery to plaintiff; protection from disciplinary action
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§2220.4. Order; recovery to plaintiff; protection from disciplinary action A. The court shall enter an order declaring whether a violation of R.S. 38:2211 et seq. has occurred. The declaration shall have the force and effect of a final judgment or decree. B.(1) The court shall al…
La. Rev. Stat. § 38:2221 Cost-plus contracts prohibited; exceptions
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§2221. Cost-plus contracts prohibited; exceptions A. Except as provided herein, no contract shall be let on a cost-plus basis. B. Any hospital owned or operated by a hospital service district, a municipality, the state, or any other public entity may purchase materials and suppli…
La. Rev. Stat. § 38:2222 Change orders; recordation
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§2222. Change orders; recordation A. Each change order to a public works contract or to a contract for materials and supplies 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 change ord…
La. Rev. Stat. § 38:2223 Issuance of work orders and commencement of work; underground utilities
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§2223. Issuance of work orders and commencement of work; underground utilities A.(1) In the preparations of plans and specifications on any public work project, any public entity or its agent shall contact the regional notification center as provided in R.S. 40:1749.11 through 17…
La. Rev. Stat. § 38:2224 Affidavit attesting that public contract was not secured through employment or payment of solicitor
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§2224. Affidavit attesting that public contract was not secured through employment or payment of solicitor A. All architects, landscape architects, engineers, contractors, subcontractors, or any person, corporation, firm, association, or other organization receiving value for ser…
La. Rev. Stat. § 38:2225 Preference in letting contracts for public work
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§2225. Preference in letting contracts for public work A. If a nonresident contractor bidding on public work in the state of Louisiana is domiciled in a state that provides a percentage preference in favor of contractors domiciled in that state over Louisiana resident contractors…
La. Rev. Stat. § 38:2225.1 Contracts in which the state or political subdivision are participants; preferences;
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§2225.1. Contracts in which the state or political subdivision are participants; preferences; assistance; exclusions A. When a participating state agency lets a contract for a public works project that is to be administered by or paid for, in whole or in part by state funds, the …
La. Rev. Stat. § 38:2225.2 Design-build contracts
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§2225.2. Design-build contracts Neither the state nor any local entity, unless specifically authorized by law, may execute any agreement for the purchase of unimproved property which contains provisions related to the successful design and construction of a construction project p…
La. Rev. Stat. § 38:2225.2.1 Design-build contracts; authorized use by certain public entities in areas damaged
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§2225.2.1. Design-build contracts; authorized use by certain public entities in areas damaged by Hurricane Katrina, Hurricane Rita, or both A.(1) Notwithstanding any law to the contrary, the following public entities may use the design-build method in the construction or repair o…
La. Rev. Stat. § 38:2225.2.2 Design-build contracts; authorized use by city of Slidell; Hurricane Katrina, Hurricane Rita, or both damage
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§2225.2.2. Design-build contracts; authorized use by city of Slidell; Hurricane Katrina, Hurricane Rita, or both damage A.(1) Notwithstanding any law to the contrary, the governing authority for the city of Slidell may utilize the design-build method in the construction or repair…
La. Rev. Stat. § 38:2225.2.3 Construction management at risk
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§2225.2.3. Construction management at risk A.(1) Notwithstanding any provisions of law to the contrary, the New Orleans Aviation Board, hereinafter referred to as the board, may award a public works contract for the initial construction of an airport terminal and related support …
La. Rev. Stat. § 38:2225.2.4 Construction management at risk; public entity
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§2225.2.4. Construction management at risk; public entity A.(1) Notwithstanding any other provision of law to the contrary, a public entity may use the construction management at risk project delivery method to contract for a project to construct public works as set forth in this…
La. Rev. Stat. § 38:2225.2.5 Design-build contracts; authorized use by any regional transit authority for new
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§2225.2.5. Design-build contracts; authorized use by any regional transit authority for new ferries on the Mississippi River A.(1) Notwithstanding any other provision of law to the contrary, and subject to the provisions of this Section, any regional transit authority created by …
La. Rev. Stat. § 38:2225.2.6 Design-build contracts; authorized use by airports; air traffic control tower and
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§2225.2.6. Design-build contracts; authorized use by airports; air traffic control tower and hangar A. Notwithstanding any other provision of law to the contrary, a public airport may use the design-build project delivery method to contract for construction and design-build of an…
La. Rev. Stat. § 38:2225.3 Public works; prohibited agreements; exceptions
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§2225.3. Public works; prohibited agreements; exceptions A. The state shall not let any contract for a public work project with any person that is to be administered by or paid for, in whole or in part, with state funds, under which the person is to construct a building or other …
La. Rev. Stat. § 38:2225.4 Expansion of certain convention centers
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§2225.4. Expansion of certain convention centers A political subdivision of the state in Orleans Parish which has been involved in litigation before the highest court of this state pertaining to the award of a contract for the construction of the expansion of a convention center …
La. Rev. Stat. § 38:2225.5 Contracts in which public entities are participants; prohibitions and duties; contractors' rights
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§2225.5. Contracts in which public entities are participants; prohibitions and duties; contractors' rights A. Except as provided in Subsection E of this Section or as required by federal law, each public entity, when engaged in procuring products or services or letting contracts …
La. Rev. Stat. § 38:2225.6 Job order contracting; postsecondary education institution
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§2225.6. Job order contracting; postsecondary education institution A. This Section establishes an alternative project delivery method for job order contracts created specifically for improvements addressing deferred maintenance of public facilities by a postsecondary education i…
La. Rev. Stat. § 38:2225.7 Public private contract protocol requirements
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§2225.7. Public private contract protocol requirements A. The division of administration shall issue guidance for any local governmental entity that receives state funds and enters into a contract with a third-party entity for the performance of public works for which state funds…
La. Rev. Stat. § 38:2226 Exclusion of certain contractors from water well contracts
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§2226. Exclusion of certain contractors from water well contracts A. A contractor who is a resident of a state which has more stringent licensing requirements for the business of drilling, reworking, or otherwise constructing water wells at or in connection with the construction …
La. Rev. Stat. § 38:2227 Exclusion of certain contractors from bidding
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§2227. Exclusion of certain contractors from bidding A. Each public entity advertising and letting for bid a public works contract shall require the lowest bidder, in addition to the provisions of R.S. 38:2212(A)(3)(c)(ii), after the opening of bids, if a sole proprietor, to atte…
La. Rev. Stat. § 38:2228 RS 38:2228
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§2228 to 2232. Repealed by Acts 1979, No. 715, §3, eff. July 1, 1980.
La. Rev. Stat. § 38:223 Irrigating or flooding land near base of levee prohibited
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§223. Irrigating or flooding land near base of levee prohibited No person shall in any manner cover with water for any purpose, on the land side of any public levee or levees, any land situated upon the Mississippi River within a distance of one hundred and fifty feet from the ba…
La. Rev. Stat. § 38:2233 Authority of parishes, municipalities, and school boards for procurement from small businesses; set aside; preference to disadvantaged; preference to women
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§2233. Authority of parishes, municipalities, and school boards for procurement from small businesses; set aside; preference to disadvantaged; preference to women A. Every parish, municipality, or school board in the state, through its respective fiscal officer or director of fin…
La. Rev. Stat. § 38:2233.1 School boards in Orleans Parish, authority for procurement from small businesses; set aside; preference to disadvantaged; preference to women
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§2233.1. School boards in Orleans Parish, authority for procurement from small businesses; set aside; preference to disadvantaged; preference to women A. Notwithstanding any other provision of law, the Orleans Parish School Board, through its respective fiscal officer or director…
La. Rev. Stat. § 38:2233.2 Political subdivisions; authority for procurement from minority businesses; set-aside; preference to disadvantaged; preference to women
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§2233.2. Political subdivisions; authority for procurement from minority businesses; set-aside; preference to disadvantaged; preference to women A. Every political subdivision in the state, as defined in this Section, through its respective fiscal officer or director of finance, …
La. Rev. Stat. § 38:2233.3 City of Shreveport; authority for procurement from economically
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§2233.3. City of Shreveport; authority for procurement from economically disadvantaged businesses; set-aside A. Notwithstanding any provision of R.S. 38:2233.2 to the contrary, the city of Shreveport and any board, agency, or commission of that city, through its respective fiscal…
La. Rev. Stat. § 38:2233.4 City of Baton Rouge/parish of East Baton Rouge; socially and economically
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§2233.4. City of Baton Rouge/parish of East Baton Rouge; socially and economically disadvantaged businesses; procurement set-asides A. Notwithstanding any other provision of law to the contrary, the governing authority of the city of Baton Rouge and parish of East Baton Rouge, re…
La. Rev. Stat. § 38:2233.5 City of New Orleans; socially and economically disadvantaged businesses;
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§2233.5. City of New Orleans; socially and economically disadvantaged businesses; procurement set-asides A. Notwithstanding any other provision of law to the contrary, the governing authority of the city of New Orleans, referred to in this Section as the "city", and any board, ag…
La. Rev. Stat. § 38:2234 Short title
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§2234. Short title This Part shall be known as the "Political Subdivisions Telecommunications and Data Processing Procurement Law". Acts 1988, No. 523, §1; Acts 1992, No. 486, §1.
La. Rev. Stat. § 38:2235 Application
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§2235. Application The provisions of this Part shall be applicable to any political subdivision of the state as defined in Article VI, Section 44 of the Constitution of Louisiana. Acts 1988, No. 523, §1.
La. Rev. Stat. § 38:2236 Definitions
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§2236. Definitions A. For the purposes of this Part, relative to telecommunications, the following words and phrases shall be defined as follows: (1) "Telecommunications equipment, systems, related services" are limited to the equipment and means to provide: (a) Electronic transm…
La. Rev. Stat. § 38:2237 Methods of procurement
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§2237. Methods of procurement A. A political subdivision may lease, rent, or purchase telecommunications or data processing systems, including equipment, and related services, through a request for proposals which shall conform to the following requirements: (1) Specifications fo…
La. Rev. Stat. § 38:2237.1 Procurement of telecommunications or video surveillance equipment or services
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§2237.1. Procurement of telecommunications or video surveillance equipment or services by agencies and certain educational entities A. Agencies and certain educational entities of the state, as defined in R.S. 39:1753.1(A), shall not procure prohibited telecommunications or video…
La. Rev. Stat. § 38:2238 Short title and application
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§2238. Short title and application A. This Part shall be known as the "Political Subdivisions Used Fire and Emergency Response Vehicle Procurement Law". B. The provisions of this Part shall be applicable to any political subdivision of the state, as defined in Article VI, Section…
La. Rev. Stat. § 38:2238.1 Definitions
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§2238.1. Definitions For the purposes of this Part, the following words and phrases shall be defined as follows: (1)(a) "Fire and emergency response vehicles" shall mean and shall be strictly limited to the following: (i) Fire trucks, pumper units, hook and ladder trucks, and any…
La. Rev. Stat. § 38:2238.2 Methods of procurement
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§2238.2. Methods of procurement A. A political subdivision may procure used fire or emergency response vehicles through a request for proposals which shall conform to the following requirements: (1) Specifications for the used fire or emergency response vehicles and associated eq…
La. Rev. Stat. § 38:2238.3 Exclusion
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§2238.3. Exclusion The provisions of this Part shall not apply to the procurement of used fire and emergency response vehicles acquired by any political subdivision in the state through the use of funds obtained, either by grant or by loan, through the Louisiana Community Develop…
La. Rev. Stat. § 38:224 Removal of siphons improperly constructed
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§224. Removal of siphons improperly constructed The authorities charged with the care and preservation of the public levees shall compel the removal of all existing siphons constructed or laid otherwise than in accordance with the provisions of this Section and the restoration of…
La. Rev. Stat. § 38:2241 Written contract and bond
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§2241. Written contract and bond A.(1) Whenever a public entity enters into a contract in excess of five thousand dollars for the construction, alteration, or repair of any public works, the official representative of the public entity shall reduce the contract to writing and hav…
La. Rev. Stat. § 38:2241.1 Acceptance of governing authority
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§2241.1. Acceptance of governing authority A. When any public entity enters into a written contract for the construction, alteration, or repair of any public works, in accordance with the provisions of R.S. 38:2241, the official representative of the public entity shall have reco…
La. Rev. Stat. § 38:2241.2 Repealed by Acts 2003, No
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§2241.2. Repealed by Acts 2003, No. 390, §1.
La. Rev. Stat. § 38:2242 Claimant defined; filing of sworn statements of amounts due; payment by contracting authority
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§2242. Claimant defined; filing of sworn statements of amounts due; payment by contracting authority A. "Claimant", as used in this Chapter, means any person to whom money is due pursuant to a contract with the owner or a contractor or subcontractor for doing work, performing lab…
La. Rev. Stat. § 38:2242.1 Authorization to cancel the inscription of claims and privileges; cancellation; lis pendens
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§2242.1. Authorization to cancel the inscription of claims and privileges; cancellation; lis pendens A. If a statement of claim or privilege is improperly filed or if the claim or privilege preserved by the filing of a statement of claim or privilege is extinguished, the public e…
La. Rev. Stat. § 38:2242.2 Filing of bond or other security; cancellation of statement of claim or privilege
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§2242.2. Filing of bond or other security; cancellation of statement of claim or privilege A. If a statement of claim or privilege is filed, any interested party may deposit with the recorder of mortgages either a bond of a lawful surety company authorized to do business in the s…
La. Rev. Stat. § 38:2243 Petitions by authorities against claimants, contractors, and surety; preferential payment of claimants
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§2243. Petitions by authorities against claimants, contractors, and surety; preferential payment of claimants A. If at the expiration of the forty-five days any filed and recorded claims are unpaid, the public entity shall file a petition in the proper court of the parish where t…
La. Rev. Stat. § 38:2244 Liability on bond; summary trial of objections to solvency and sufficiency of bond
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§2244. Liability on bond; summary trial of objections to solvency and sufficiency of bond A. If no objections are made by any claimant to the solvency or sufficiency of the bond required of the contractor by this Part, the public entity shall, ten days after the service of judici…