SLS 24RS-347 ORIGINAL
2024 Regular Session
SENATE BILL NO. 169
BY SENATOR WOMACK
CONTRACTS. Provides relative to payments under contract by public entites. (gov sig)
1 AN ACT
2 To enact R.S. 38:2191(E), relative to payments under contract by public entities; to provide
3 relative to payments due on certain public works contracts; and to provide for related
4 matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 38:2191(E) is hereby enacted to read as follows:
7 ยง2191. Payments under contract
8 * * *
9 E. A declaration that a public works contract is null and void as being
10 contrary to the provisions of R.S. 38:2211 et seq., shall not affect amounts due
11 and payable under the contract, including overhead and profit, for the work
12 performed by or on behalf of the contractor unless the award of the contract
13 resulted from a lower bidder being declared nonresponsive following an
14 objection raised by, or lawsuit filed by, the contractor awarded the contract.
15 Section 2. This Act shall become effective upon signature of the governor or, if not
16 signed by the governor, upon expiration of the time for bills to become law without signature
17 by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 24RS-347 ORIGINAL
1 vetoed by the governor and subsequently approved by the legislature, this Act shall become
2 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Emily Toler.
DIGEST
SB 169 Original 2024 Regular Session Womack
Present law provides all public entities shall promptly pay obligations including approved
change orders, arising under public contracts when the obligations become due and payable
under the contract.
Proposed law retains present law.
Proposed law provides that a declaration that a public works contract is null and void shall
not affect amounts due and payable under the contract, including overhead and profit, for the
work performed by or on behalf of the contractor unless the award of the contract resulted
from a lower bidder being declared nonresponsive following an objection raised by, or
lawsuit filed by, the contractor awarded the contract.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 38:2191(E))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.