Provide relative to early contractor involvement (ECI) method for public contracts. (8/1/14)
Impact
The implementation of SB 552 may lead to significant changes in how public works projects are executed in Louisiana. By allowing early contractor involvement, public entities could potentially see improvements in project outcomes due to the enhanced input from contractors during the design phase. This method is designed to reduce disputes related to construction and design, thereby promoting efficiency. However, it also requires public entities to justify the use of ECI over other traditional methods, ensuring that its application is well-reasoned and beneficial to the public.
Summary
Senate Bill 552 introduces the Early Contractor Involvement (ECI) method as an alternative delivery method for public works contracts in Louisiana. ECI allows a public entity to engage a contractor early in the project to provide consultation during the preconstruction phase, alongside a design professional. The method aims to enhance collaboration, minimize risks, and control costs by allowing concurrent execution of design and construction and is intended for complex projects with tight timeframes. By employing this method, state law will now recognize ECI as a legitimate project delivery option, offering flexibility beyond traditional methods such as design-bid-build.
Sentiment
The sentiment around SB 552 appears largely positive, especially among proponents who believe it will streamline public construction efforts and improve project quality. Supporters argue that the ECI method will foster better communication and cooperation among all stakeholders, facilitating smoother project delivery. However, there may be concerns regarding the transition from traditional methods and the need for builders to adapt to new contractual norms and potential bureaucratic challenges in proving the necessity of choosing ECI over standard public contracting methods.
Contention
While SB 552 is anticipated to usher in more efficient public construction practices, some legislators and stakeholders may express fears about transparency and competition. Critics might argue that the selection process for ECI contractors, which involves written justifications and public advertisement of requests for qualifications (RFQs), could introduce ambiguity and reduce the competitive edge that traditional bidding methods foster. Additionally, as significant responsibilities are placed on the contracting entities to ensure a fair and equitable selection process, any perceived lack of oversight could lead to further contention among stakeholders interested in maintaining accountability in public contracts.
Relating to civil liability; to amend Sections 6-5-700, 6-5-701, 6-5-702, 6-5-703, 6-5-704, 6-5-705, and 6-5-708, Code of Alabama 1975, to further provide for the liability of a public awarding authority and its contractors regarding the construction and maintenance of public roads; to delete an exception to the statutory protection from liability of a contractor; to create a rebuttable presumption of nonliability of the awarding authority and its contractors when certain circumstances apply; and to provide certain pleading requirements in the filing of a complaint for injury or death arising form the construction or maintenance of a public road.
An Act Concerning Recommendations By The Department Of Transportation Regarding The Notification Of State Construction Contract Opportunities By The University Of Connecticut And The Commissioner Of Transportation, Parking Spaces, Wayside Horns, The Disposition Of Excess State Property, Heavy Duty Trailers, Flashing Lights On Motor Vehicles, Child Restraint Systems, Pesticide Application By Railroad Companies, The "move Over" Law, Road Design Standards, And Road And Bridge Designations.