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House amends design-build threshold and returns Senate Bill 183 to Senate 68-0

Utah House of Representatives · March 1, 2004
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Summary

The House adopted Representative Barris's amendment clarifying 'design-build' vs. construction management and voted to lower the grandfathering threshold from $1,000,000 to $250,000; Senate Bill 183 passed the House 68–0 and was returned to the Senate.

The Utah House on March 1 amended and approved Senate Bill 183, which clarifies local governments' use of the design-build project delivery method and distinguishes it from construction management.

Representative Barris, sponsor of the amendment, told colleagues the amendment's purpose was "a little better definition of design-build" to avoid confusion with construction management. Barris said the bill would "grandfather" municipal projects that were in planning as of March 1 and are valued at no more than $250,000 and that can be under contract by Sept. 1; that grandfathering window was the focus of the floor amendment.

Representative Steve Clark, speaking in support, warned of the difficulty of knowing true costs under design-build and said it can limit competitive bidding. Barris and supporters said the provision is intended to give cities clarity so they will not face litigation or attorney-fee exposure while projects already underway proceed.

During floor action an amendment was moved to change the monetary threshold on line 51(a) from $1,000,000 to $250,000; the body approved replacing $1,000,000 with $250,000 and later voted to pass the bill as amended. The reading clerk announced the final tally: Senate Bill 183 "having received 68 yes votes and 0 no votes," the bill was returned to the Senate.

Barris emphasized that the Legislature will continue work during the interim to clarify bidding procedures for design-build projects and to involve city and county stakeholders.

The House's action allows certain small municipal projects that are already in planning to proceed under a design-build delivery while the Legislature refines statutory definitions and bidding safeguards.