SECOND REGULAR SESSION
[PERFECTED]
HOUSE BILL NO. 1409
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE CAMPBELL.
Read 1st time January 10, 2002, and 1000 copies ordered printed.
Read 2nd time January 14, 2002, and referred to the Committee on Professional Registration and Licensing, January 31, 2002.
Reported from the Committee on Professional Registration and Licensing March 5, 2002, with recommendation that the bill Do Pass by Consent.
Perfected by Consent March 14, 2002.
TED WEDEL, Chief Clerk
AN ACT
To amend chapter 327, RSMo, by adding thereto one new section relating to design-build contracts.
Section A. Chapter 327, RSMo, is amended by adding thereto one new section, to be known as section 327.465, to read as follows:
327.465. 1. As used in this section, the following terms shall mean:
(1) "Design-build", a project for which the design and construction services are furnished under one contract;
(2) "Design-build contract", a contract between the owner, owner's agent, tenant, or other party and a design-build contractor to furnish the architecture, engineering, and related design services, and the labor, materials, and other construction services required for a specific public or private construction project;
(3) "Design-build contractor", any individual, partnership, joint venture, corporation, or other legal entity that furnishes architecture or engineering services and construction services either directly or through subcontracts.
2. Any design-build contractor that enters into a design-build contract for public or private construction shall be exempt from the requirement that such person or entity hold a certificate of registration or such corporation hold a certificate of authority if the architectural, engineering, or land surveying services to be performed under the contract are performed by:
(1) Persons who hold a certificate of registration for the appropriate profession and who are not employees of the design-build contractor; or
(2) Corporations that hold current certificates of authority from the board for the appropriate profession.
3. Any design-build contractor who performs the design work directly, or who practices architecture, professional engineering, or professional land surveying through the contractor's employees, or who contracts to do so, shall hold a current certificate of registration or certificate of authority from the board for the professional so practiced.
4. Nothing in this chapter shall prohibit the enforcement of a design-build contract by an unregistered or
unauthorized design-build contractor who only furnishes, but does not directly or through its employees perform,
the architectural, engineering, or surveying required by the contract and who does not hold itself out as able to
perform such services.