- 2025
69th Legislature 2025 HB0485.2
- 1 - Authorized Print Version – HB 485
1 HOUSE BILL NO. 485
2 INTRODUCED BY J. FITZPATRICK
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING THAT A BID IN A RESIDENTIAL HOME
5 CONSTRUCTION CONTRACT CONSTITUTES THE TOTAL AMOUNT TO BE PAID UNDER THE
6 CONTRACT UNLESS THE PARTIES AGREE OTHERWISE; PROVIDING THAT BIDS BASED ON TIME AND
7 MATERIALS MUST BE AGREED ON BY THE PARTIES IN WRITING; AND PROVIDING EXCEPTIONS.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 NEW SECTION. Section 1. (1) In a residential home
12 construction contract, a party may not increase the bid amount if the bid is already accepted. The accepted
13 construction bid constitutes the full financial obligations of the parties relating to agreed-on construction
14 services.
15
16 (2) (A) A RESIDENTIAL HOME CONSTRUCTION CONTRACT MAY NOT BE A TIME AND MATERIALS CONTRACT
17 ON BY THE PARTIES IN WRITING.
18
19 (B) F THE PURPOSES OF THIS SUBSECTION (2), "TIME AND MATERIALS CONTRACT" MEANS A
20IN WHICH A CLIENT PAYS A CONTRACTOR BASED ON THE ACTUAL COST
21 ACTUAL LABOR SPENT ON THE
22.
23 (3) This section does not apply:
24 (A) if the parties agree in writing, prior to the acceptance of the bid, that the bid does not constitute
25 the final amount of money owed for the construction services provided; OR
26 (B) -ON CHANGES IN THE SCOPE OF WORK, CHANGES IN MATERIALS COST, OR CHANGES IN
27 SUBCONTRACTORS.
28 - 2025
69th Legislature 2025 HB0485.2
- 2 - Authorized Print Version – HB 485
1 NEW SECTION. Section 2. [Section 1] is intended to be codified as an
2 integral part of Title 28, chapter 2, and the provisions of Title 28, chapter 2, apply to [section 1].
3 - END -