HLS 12RS-1152 ENGROSSED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 367
BY REPRESENTATIVE LEGER
PUBLIC CONTRACTS: Provides relative to construction managers or third-party
consultants employed by a public entity
AN ACT1
To amend and reenact R.S. 38:2212(A)(3)(g), relative to construction managers; to remove2
certain restrictions on the use of construction managers or third-party consultants in3
Orleans Parish; and to provide for related matters.4
Notice of intention to introduce this Act has been published5
as provided by Article III, Section 13 of the Constitution of6
Louisiana.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 38:2212(A)(3)(g) is hereby amended and reenacted to read as9
follows:10
§2212. Advertisement and letting to lowest responsible bidder; public work;11
electronic bidding; participation in mentor-protégé program; exemptions12
A.13
* * *14
(3)15
* * *16
(g)(i) No construction manager or any other third-party consultant employed17
by a public entity may manage a construction project as a general contractor or act18
in the role of the general contractor to oversee, direct, or coordinate individual trade19
contractors on behalf of the public entity, or accept bids or itself bid on the public20 HLS 12RS-1152 ENGROSSED
HB NO. 367
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
work or components of the public work with respect to which the manager or1
consultant is employed or contracted to manage or consult.2
(ii) The provisions of Item (i) of this Subparagraph shall not apply to the3
initial construction of a hospital, medical facility, or a combination of both,4
constructed by the Orleans Hospital Service District, but shall apply to the5
construction of any additions or modifications of a hospital, medical facility, or a6
combination of both, constructed by the Orleans Hospital Service District following7
the completion of the initial construction.8
* * *9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Leger HB No. 367
Abstract: Removes certain restrictions on the use of construction managers and third-party
consultants on a construction project let by the Orleans Hospital Service District.
Present law prohibits a construction manager or any other third-party consultant employed
by a public entity from managing a construction project as a general contractor or acting in
the role of the general contractor to oversee, direct, or coordinate individual trade contractors
on behalf of the public entity, or accepting bids or itself bid on the public work or
components of the public work with respect to which the manager or consultant is employed
or contracted to manage or consult.
Proposed law exempts the Orleans Hospital Service District from the prohibition in present
law, as it relates to the initial construction of a hospital, medical facility, or a combination
of both.
(Amends R.S. 38:2212(A)(3)(g))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Restricted the exemption only to the Orleans Hospital Service District.