Kentucky Enacts A New Project Delivery Method
Stites & Harbison Client Alert, April 3, 2015
On the last day of the legislative session, Kentucky amended the KRS 45A.030 and enacted a new “Construction manager-general contractor” project delivery method that was signed into law by Governor Steve Beshear. The Commonwealth of Kentucky can solicit proposals and then select a proposer to enter into a single contract for preconstruction and construction services. During the preconstruction phase, the successful proposer provides design consulting services. During the construction phase, the successful proposer contracts with subcontractors and provides construction management and construction.
The selection of the construction manager-general contractor shall be based on qualifications and price, including preconstruction services, overhead and profit. Prior to the construction phase, the construction manager-general contractor shall competitively bid the subcontracts and award each subcontract to the lowest responsive and responsible bidder. The final construction cost and completion date shall be established by change order after the construction manager-general contractor enters into all applicable subcontracts.
In addition to this new project delivery method, current delivery methods acceptable in Kentucky are: Construction manager-agency, Construction management-at-risk, design-bid-build, and design-build. KRS 45A.030.