The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
SB 111 Original 2021 Regular Session Womack
Present law requires public entities to promptly pay all obligations arising under a public contract
when they become due and payable.
Proposed law retains this provision but includes payment of approved plan changes.
Present law requires public work contracts exceeding contract limit as provided in present law be
advertised and let by contract to the lowest responsible and responsive bidder who bids according
to the bidding documents as advertised. Requires public entities advertising for public work use only
the Louisiana Uniform Bid Form and that the bidding documents include specific information.
Proposed law retains these provisions but requires that any change by a bidder to the bid form prior
to its submission be scratched through and initialed by the person submitting the bid and that the
change as initialed is binding.
Proposed law provides that as to electronic bid submissions, the last timely submission by each and
any bidder is binding.
Present law requires that an entity not act later than 45 days after the opening of bids to award the
contract or reject all bids.
Proposed law retains these provisions and provides that if an interested party or bidder files for an
injunction or mandamus, the public entity shall not act later than 45 days after the date of a district
court judgment determining the lowest responsible and responsive bidder to award the contract in
accordance with the judgment. Provides that the district court judgment mandating the award is not
subject to a suspensive appeal.
Present law provides for recordation of certain change orders with the recorder of mortgages in the
parish where the public work is to be done or if not a public work, then where the entity is domiciled.
Requires recordation of the original contract with the change order if not previously recorded.
Proposed law retains these provisions but requires that change orders be executed and approved by
the public entity no later than 30 days following the date of the proposed change order. Provides that
the date of the change order is the day the public entity, design professional of record, and the
contractor agree to the extra work to be performed under the change order.
Present law provides for acceptance of work by a governing authority not later than 30 calendar days
after its completion or substantial completion of the work. Provides that if the public entity does not
file an acceptance, then the contractor is to record an acceptance of the work not later than 45 calendar days after completion or substantial completion.
Proposed law retains this provision.
Present law provides the acceptance not be executed except upon recommendation of the design
professional hired by the public entity whose recommendation may not be later than 30 calendar days
after completion or substantial compliance.
Proposed law retains this provision but requires that the acceptance as recommended by the design
professional be made not later than 30 calendar days and requires that the public entity not take, use,
or occupy the public work or use or occupy the specified area of the public work until substantial
completion is filed. Provides that failure to comply is subject to a writ of mandamus.
Effective August 1, 2021.
(Amends R.S. 38:2191(A), 2212(B)(2), 2215(A), 2222, and 2241.1(C); adds R.S. 38:2212(E)(8) and
2241.1(D))