RÉSUMÉ DIGEST
ACT 456 (HB 208) 2018 Regular Session Falconer
Prior law prohibited the construction management at risk (CMAR) project from being used
for any project that is estimated to cost less than $25 million dollars. Prior law provided an
exception to this rule if the project is in the CMAR pilot program.
New law decreases the cost threshold of a CMAR project from $25 million to $5 million.
New law also repeals the CMAR pilot program.
Existing law requires a public entity to submit a proposed CMAR pilot project, by name
together with the reason to use CMAR, to the House and Senate transportation, highways,
and public works committees for review and approval prior to proceeding to use CMAR.
New law modifies existing law by requiring the public entity deliver written notification by
name and description at least 60 days prior to proceeding to use CMAR of any proposed
CMAR project estimated to cost less than $15 million.
New law prohibits a CMAR contractor who was previously awarded a contract through the
CMAR method from bidding on a project that is readvertised and publicly bid utilizing the
design-bid-build delivery method after award and execution of a prior contract between an
owner and the CMAR contractor if the owner and the CMAR contractor are not able to agree
upon constructability, construction phasing and sequencing, the GMP for the project, the
maximum number of contract days to complete the project, and to reach a negotiated
agreement.
Effective August 1, 2018.
(Amends R.S. 38:2225.2.4(A)(3) and (G)(6))