The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Archana D. Cadge.
DIGEST
SB 83 Engrossed 2023 Regular Session Womack
Present law provides when a change order is negotiated, the public entity shall require that the
change order be fully documented and itemized as to costs, including material quantities, material
costs, taxes, insurance, employee benefits, other related costs, profit, and overhead.
Proposed law retains present law and adds equipment use and labor to fully documented itemized
costs.
Present law provides where certain unit prices are contained in the initial contract, no deviations
shall be allowed in computing the negotiated change order.
Proposed law provides exceptions to present law allowing unit price change orders submitted to the
designer or public entity within 30 days from the date of discovery of the work to be performed by
the change order, or change orders requiring new pricing be submitted within 30 days from the date
of discovery of the work to be performed by the change order.
Proposed law further provides for any change orders requiring redesign, provided the redesign shall
not take more than 90 days from notification by the contractor to the designer of record or in the
absence of the designer, the public entity, of the discovery of work to be performed by the change
order. Proposed law further provides extensions of time may be granted if necessary for redesign.
Once the redesign is complete, the contractor shall submit the cost estimate to the designer or the
public entity, for the change order within 45 days for the redesigned work under the change order.
Proposed law provides for any change order, the public entity shall have 45 days from the submittal
of the change order to negotiate, approve, or reject the contractor's proposed cost estimate of the
work. Proposed law further provides extensions of time may be granted by mutual agreement or shall
be granted as necessary for the public entity to obtain governmental approval.
Proposed law provides the contractor shall not be required to provide any schedule updates
incorporating a change order until that change order is executed, unless the schedule is needed for
evaluation of the proposed change order.
Proposed law provides the exceptions established in proposed law shall not be waived by contract.
Effective August 1, 2023.
(Amends R.S. 38:2212(M)(5)) Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation, Highways, and
Public Works to the original bill
1. Modifies change order notice time lines.
2. Prohibits contractual waiver of certain provisions in law.