SECOND REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 805

89TH GENERAL ASSEMBLY

 Reported from the Committee on Local Government and Economic Development, April 27, 1998, with recommendation that the Senate Committee Substitute do pass.

TERRY L. SPIELER, Secretary.

S3504.02C

AN ACT

To amend chapter 327, RSMo, by adding thereto one new section relating to design/build contracts.

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 327.395, to read as follows:

327.395.  1.  Any person or corporation that enters into a design/build contract for public or private construction shall be exempt from the requirement that such person hold a certificate of registration or such corporation hold a certificate of authority as long as the architectural, engineering or land surveying services to be performed under the contract are performed by persons who hold a certificate of registration for the appropriate profession and who are not employees of the design/build contractor, or provided such services are performed by corporations that hold current certificates of authority from the board for the appropriate profession.

2.  Any design/build contractor who performs the design work itself, or who practices architecture, professional engineering or professional land surveying through his, her or its own employees, or who contracts to do so, must hold a current certificate of registration or certificate of authority from the board for the professions so practiced.

3.  Nothing in this chapter shall prohibit the enforcement of a design/build contract by an unregistered or unauthorized person or entity who merely furnishes, but does not itself, 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.