SECOND REGULAR SESSION

[P E R F E C T E D]

SENATE BILL NO. 786

91ST GENERAL ASSEMBLY


INTRODUCED BY SENATOR GOODE.

Pre-filed December 1, 2001, and 1,000 copies ordered printed.



Read 2nd time January 16, 2002, and referred to the Committee on Labor and Industrial Relations.



Reported from the Committee February 19, 2002, with recommendation that the bill do pass and be placed on the Consent Calendar.



Taken up March 4, 2002. Read 3rd time and placed upon its final passage; bill passed.



TERRY L. SPIELER, Secretary.

2975S.01P


AN ACT

To amend chapter 327, RSMo, by adding thereto one new section relating to the licensing of architects and engineers.


Be it enacted by the General Assembly of the State of Missouri, as follows:

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 profession 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.






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