RDCSB354 2073 3639
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)]
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.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 48:252(B)(7)(b) and 256.4)
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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the reengrossed bill:
1. Remove repeal of a provision that 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.
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