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CS/CS/HB 897 — Construction Contracting

by Judiciary Committee; Civil Justice Subcommittee; and Rep. Moraitis (CS/SB 1202 by Judiciary Committee; and Senator Bogdanoff)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Judiciary Committee (JU)

The bill increases the information that must be shared among parties involved in a construction project and increases the time periods within which construction liens may be recorded or claims against a payment bond may be made. Additionally, the bill:

  • Establishes a uniform time period of 5 years to initiate an action to enforce a claim against a payment bond.
  • Requires a contractor to supply a copy of the payment bond to the public entity contracting for a public works project before commencing construction.
  • Requires government entities to open sealed bids for public works projects at a public meeting.
  • Simplifies procedures for a lessor to prohibit the attachment of liens to a parcel of property as the result of an improvement to a leased premises by a tenant.
  • Revises the methods by which notices and other documents relating to construction liens must be served.
  • Authorizes a contractor to satisfy certain grandfathering provisions for certification as a contractor by 2015 and allows glass glazing contractors to receive certification through the grandfathering provisions.

If approved by the Governor, these provisions take effect October 1, 2012, except as otherwise provided in the bill.

Vote: Senate 40-0; House 114-0