The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Sharon Lyles.
DIGEST
SB 354 Reengrossed 2016 Regular Session Cortez
Present law, relative to contracts of the DOTD, provides for plan changes that may be negotiated.
Proposed law adds that plan changes within the scope of the contract are not required to be recorded
in the office of the recorder of mortgages in the parish where the work is performed.
Present law provides for final acceptance or partial acceptance of work performed under contract and
for recordation of a final acceptance or partial acceptance of any specified area of the work upon
completion.
Proposed law defines "partial acceptance" to mean the determination by DOTD made after final
inspection of a portion of the project that the contractor has satisfactorily completed a portion of the
project and that such portion may be used advantageously by traffic or for other use.
Present law provides for payment of attorney fees by DOTD to the contractor if the DOTD fails to
make final payment or neglects to promptly ascertain final quantities under the contract in bad faith
and a mandamus to perform such acts is required for the contractor to receive all monies due and
owed the contractor under the contract.
Proposed law repeals present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 48:252(B)(7)(b) and 256.4; repeals R.S. 48:251.5(B)(3))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation, Highways, and
Public Works to the original bill
1. Removes provisions that proposed to add that any provision that waives, releases, or
extinguishes the rights to recover the cost of damages or to obtain equitable
adjustment for delays in performing a contract, if delay is caused in whole or in part,
by acts or omissions in control of the DOTD are not applicable to negotiated plan
changes that settle, resolve, or conclude a dispute, or release or extinguish a claim to
recover the cost of damages or an equitable adjustment for such delays.