| Advisory opinion request by Christopher Stuart regarding whether board members of the Louisiana State Licensing Board for Contractors (LSLBC), personally or through companies they own, may be permitted to bid on a project to build a new "Construction Industry Building" in downtown Baton Rouge. |
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Christopher Stuart was re-appointed to the LSLBC in 2013. The LSLBC is a self-funded board that consists of contractors from all parts of the state representing industrial, commercial, residential, highway, oil and gas, electrical, and mechanical contractors and subcontractors. It self-regulates their own industries to protect the health and welfare of Louisiana citizens.
The LSLBC is undertaking, along with the Louisiana Associated General Contractors (LAGC) and Associated Builders and Contractors Inc. (ABC), the construction of a new "Construction Industry Building" in downtown Baton Rouge. This project is being funded by the LSLBC. LAGC owns the property on which the building will be constructed. After completion, the building will bring together public and private organizations under one roof.
The bidding process will adhere to the current public bid law. The bids will be opened in public by the Architect of Record and awarded to the low bidder, as long as that company has followed public bid laws and specifications. After awarding the project to the lowest qualified bidder, a contract will be signed between LSLBC and the general contractor. All monthly payments will be made by the LSLBC to the general contractor. The architect has the sole responsibility to supervise and manage the construction of the building, not the licensing board. It was stated that neither Mr. Stuart, nor any other bidding contractor has had influence in the selection of the architect nor will anyone steer the design of the building, including the general and technical specifications.
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La. R.S. 42:1113B of the Code prohibits an appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest from bidding on or entering into or being in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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