Title 48 — Public Buildings
15 chapters · 73 sections in this title.
N.D.C.C. § 48-01.2-01 Definitions
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In this chapter, unless the context otherwise requires: 1. "Agency construction management" means a public improvement delivery method through which a person provides to a governing body experienced construction management services, including ideas on constructability, documentat…
N.D.C.C. § 48-01.2-02 Plans and specifications for a public improvement contract
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Except as otherwise provided in this chapter, if the estimated cost for the construction of a public improvement is in excess of the threshold established under section 48-01.2-02.1, the governing body shall procure plans, drawings, and specifications for the improvement from an …
N.D.C.C. § 48-01.2-02.1 Public improvement construction threshold
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1. The threshold for bidding construction of a public improvement is two hundred fifty thousand dollars. The threshold for procuring plans, drawings, and specifications from an architect or engineer for construction of a public improvement is two hundred fifty thousand dollars. 2…
N.D.C.C. § 48-01.2-04 Publication of advertisement for bids - Emergency exception
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1. Except as otherwise provided in this chapter, if the estimated cost for the construction of a public improvement is in excess of the threshold established under section 48-01.2-02.1, the governing body shall advertise for bids by publishing for three consecutive weeks. The fir…
N.D.C.C. § 48-01.2-05 Contents of advertisement
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The advertisement for bids required by section 48-01.2-04 must state: 1. The nature of the work and the type and location of the proposed public improvement. 2. When and where the plans, drawings, and specifications may be seen and examined. 3. The place, date, and time the bids …
N.D.C.C. § 48-01.2-06 Bid requirements for public improvements
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1. Multiple prime bids for the general, electrical, and mechanical portions of a project are required when any individual general, electrical, or mechanical contract or any combination of individual contracts is in excess of the threshold established under section 48-01.2-02.1. I…
N.D.C.C. § 48-01.2-07 Opening of bids - Award of contract
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At the time and place specified in the notice, a governing body or its designated agent shall open publicly and read aloud each responsible bid received. The governing body shall award the contract to the lowest responsible bidder. A governing body may reject any and all bids and…
N.D.C.C. § 48-01.2-08 Officers must not be interested in contract
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A governing body, or any member, employee, or appointee of a governing body, may not be pecuniarily interested or concerned in a contract for a public improvement entered by the governing body.
N.D.C.C. § 48-01.2-09 Contract with successful bidder
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A governing body shall enter a contract with the lowest responsible bidder as determined under section 48-01.2-07. The contract must contain the following: 1. The written terms of the agreement and any associated document signed by the governing body and the contractor; 2. The re…
N.D.C.C. § 48-01.2-10 Bonds from contractors for public improvements
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1. Unless otherwise provided under this chapter, a governing body authorized to enter a contract for the construction of a public improvement in excess of two hundred fifty thousand dollars shall take from the contractor a bond before permitting any work to be done on the contrac…
N.D.C.C. § 48-01.2-11 Claim for public improvement - Suit on contractor's bond
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A person that has furnished labor or material for any public improvement for which a bond is furnished and has not been paid in full within ninety days after completion of the contribution of labor or materials may sue on the bond for the amount unpaid at the time of institution …
N.D.C.C. § 48-01.2-12 Claims - When barred as liens against contractor and surety
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Any claim for any labor, material, or supply furnished for an improvement, upon which a suit is not commenced within one year after completion and acceptance of the project, is barred as a lien or claim against the contractor and the contractor's surety and any right of setoff or…
N.D.C.C. § 48-01.2-13 Payments
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At least once in each calendar month during the continuance of work upon any public improvement, the governing body shall receive and consider any partial payment estimate prepared by the architect or engineer. Upon review and approval, the governing body shall pay an estimate in…
N.D.C.C. § 48-01.2-14 Late payment - Rate of interest
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If a governing body fails or neglects to consider any estimate properly submitted, pay any estimate approved, or make final payment upon completion and acceptance of a public improvement, for a period of more than thirty days from the date of approval of the estimate or the compl…
N.D.C.C. § 48-01.2-15 Appropriations may not be diverted
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No portion of any special appropriation for the erection of any public improvement, or for the doing of any work, may be drawn from the state treasury in advance of the work being completed or of the materials furnished. The funds may be drawn only upon proper estimates approved …
N.D.C.C. § 48-01.2-16 Architects, landscape architects, and engineers - Duties
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The governing body shall employ the architect, landscape architect, or engineer furnishing the plans as provided in this chapter or some other qualified person to provide construction administration and construction observation services for which the plans and specifications are …
N.D.C.C. § 48-01.2-17 Coordination of work under multiple prime bids
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If a public improvement is awarded as multiple prime contracts for the general, electrical, mechanical work, and other prime contracts as contained in the bid for the project, the governing body may assign the coordination of the electrical and mechanical contracts and any other …
N.D.C.C. § 48-01.2-18 Construction management - Governing body determinations
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1. Notwithstanding any other provision of law, a governing body may use the agency construction management or construction management at-risk delivery methods for construction of a public improvement if: a. The agency construction manager has no common ownership or conflict of in…
N.D.C.C. § 48-01.2-19 Agency construction management procurement procedures - Contract
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1. A governing body electing to utilize the agency construction management delivery method shall establish a construction management services selection committee composed of individuals the governing body determines to be qualified to make an informed decision as to the most comp…
N.D.C.C. § 48-01.2-22 Subcontractor bids
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1. An agency construction manager selected for a public improvement shall publicly advertise and publicly open bids from subcontractors for the work items necessary to complete the general construction portions of the improvement. The governing body may influence the selection of…
N.D.C.C. § 48-01.2-23 Bond required
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1. An agency construction manager, before starting any work, shall provide the governing body with a bond that is equal to the cost of the agency construction manager's services with the governing body. Under an agency construction manager delivery method, each contractor perform…