HB 4384

Abstract

Amends the Illinois Procurement Code. Provides that within 30 days after the date that a written request for a change order is submitted by a contractor to a State agency, if the State agency fails to either issue the change order with an agreement on price or give specified written notice to the contractor, then the contractor may stop work after giving written notice to the State agency at least 10 days before stopping work. Provides further requirements upon the occurrence of a State agency's failure to issue a change order with an agreement on price or give specified written notice to the contractor. Provides similar requirements for request for change orders submitted by a subcontractor to a contractor. Specifies that the provisions apply only to contracts for construction and construction-related services entered into by the Department of Transportation, the Capital Development Board, and public institutions of higher education, including contractors and subcontractors of those State entities. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Procurement Code. Provides that within 45 days after the date that a written request for a change order is submitted by a contractor to a State agency or within 45 days after the date that authorization for extra work is issued by a State agency to a contractor, the State agency shall either: (i) issue the change order with an agreement on price; (ii) agree on price for the authorization for extra work; (iii) counter on price in writing; (iv) give written notice to the contractor of the reasons why the change order is unreasonable; (v) accept a partial agreement on price on some of the terms of the change order or extra work; or (vi) explain in writing that an additional 30 days are necessary to make a determination. Provides that if an additional 30 days is requested, then, after the 30 additional days have elapsed, the State agency shall either: (i) issue the change order with an agreement on price; (ii) agree on price for the authorization for extra work; (iii) counter on price in writing; (iv) give written notice to the contractor of the reasons why the change order is unreasonable; (v) accept a partial agreement on price on some of the terms of the change order or extra work; or (vi) explain in writing that an additional 15 days are necessary to make a determination. Provides that if an additional 15 days is requested, then, after every 15 additional days that elapse, as necessary, the State agency shall perform one of the specified actions. Provides that the State agency shall report quarterly on its website the total number of times the State agency requested additional time to make a determination and the total number of times the State agency requested additional time for such determination for each contract. Effective immediately.