MT Code § 18-2-501 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 5. Alternative Project Delivery Contracts|18-2-501. Definitions

  18-2-501. (Temporary) Definitions. As used in this part, unless the context clearly requires otherwise, the following definitions apply:  (1) (a) "Alternative project delivery contract" means a construction management contract, a general contractor construction management contract, or a design-build contract.   (b) The term does not include a design-build contract awarded by the transportation commission under 60-2-111(3).   (2) "Construction management contract" means a contract in which the contractor acts as the public owner's construction manager and provides leadership and administration for the project, from planning and design, in cooperation with the designers and the project owners, to project startup and construction completion.   (3) "Contractor" has the meaning provided in 18-4-123.   (4) "Design-build contract" means a contract in which the designer-builder assumes the responsibility and the risk for architectural or engineering design and construction delivery under a single contract with the owner.   (5) "General contractor construction management contract" means a contract in which the general contractor, in addition to providing the preconstruction, budgeting, and scheduling services, procures necessary construction services, equipment, supplies, and materials through competitive bidding contracts with subcontractors and suppliers to construct the project.   (6) "Governing body" means:   (a) the legislative authority of:   (i) a municipality, county, or consolidated city-county established pursuant to Title 7, chapter 1, 2, or 3;   (ii) a school district established pursuant to Title 20; or   (iii) an airport authority established pursuant to Title 67, chapter 11;   (b) the board of directors of a county water or sewer district established pursuant to Title 7, chapter 13, parts 22 and 23;   (c) the trustees of a fire district established pursuant to Title 7, chapter 33, or the county commissioners or trustees of a fire service area established pursuant to 7-33-2401; or   (d) the transportation commission established in 2-15-2502.   (7) "Project" means any construction or any improvement of the land, a building, or another improvement that is suitable for use as a state or local governmental facility.   (8) "Publish" means publication of notice as provided for in 7-1-2121, 7-1-4127, 18-2-301, and 20-9-204.   (9) "State agency" has the meaning provided in 2-2-102. This definition does not include the department of transportation. (Terminates December 31, 2024--sec. 6, Ch. 54, L. 2017.)   18-2-501. (Effective January 1, 2025) Definitions. As used in this part, unless the context clearly requires otherwise, the following definitions apply:  (1) "Alternative project delivery contract" means a construction management contract, a general contractor construction management contract, or a design-build contract.   (2) "Construction management contract" means a contract in which the contractor acts as the public owner's construction manager and provides leadership and administration for the project, from planning and design, in cooperation with the designers and the project owners, to project startup and construction completion.   (3) "Contractor" has the meaning provided in 18-4-123.   (4) "Design-build contract" means a contract in which the designer-builder assumes the responsibility and the risk for architectural or engineering design and construction delivery under a single contract with the owner.   (5) "General contractor construction management contract" means a contract in which the general contractor, in addition to providing the preconstruction, budgeting, and scheduling services, procures necessary construction services, equipment, supplies, and materials through competitive bidding contracts with subcontractors and suppliers to construct the project.   (6) "Governing body" means:   (a) the legislative authority of:   (i) a municipality, county, or consolidated city-county established pursuant to Title 7, chapter 1, 2, or 3;   (ii) a school district established pursuant to Title 20; or   (iii) an airport authority established pursuant to Title 67, chapter 11;   (b) the board of directors of a county water or sewer district established pursuant to Title 7, chapter 13, parts 22 and 23; or   (c) the trustees of a fire district established pursuant to Title 7, chapter 33, or the county commissioners or trustees of a fire service area established pursuant to 7-33-2401.   (7) "Project" means any construction or any improvement of the land, a building, or another improvement that is suitable for use as a state or local governmental facility.   (8) "Publish" means publication of notice as provided for in 7-1-2121, 7-1-4127, 18-2-301, and 20-9-204.   (9) "State agency" has the meaning provided in 2-2-102, except that the department of transportation, provided for in 2-15-2501, is not considered a state agency.   History: En. Sec. 1, Ch. 574, L. 2005; amd. Sec. 1, Ch. 29, L. 2009; amd. Sec. 2, Ch. 54, L. 2017; amd. Sec. 1, Ch. 147, L. 2017; amd. Sec. 2, Ch. 111, L. 2021.