Minnesota § 161.3207 - CONSTRUCTION MANAGER/GENERAL CONTRACTOR CONTRACTS; DEFINITIONS
Full text of Minnesota Minnesota Statutes § 161.3207 — CONSTRUCTION MANAGER/GENERAL CONTRACTOR CONTRACTS; DEFINITIONS, with citation guidance and answers to common questions.
§ 161.3207. CONSTRUCTION MANAGER/GENERAL CONTRACTOR CONTRACTS; DEFINITIONS
Subdivision 1.Scope.
The terms used in sections 161.3207 to 161.3209 have the meanings given them in this section.
Subd. 2.Acceptance.
"Acceptance" means an action of the commissioner authorizing the execution of a construction manager/general contractor contract.
Subd. 3.Commissioner.
"Commissioner" means the commissioner of transportation.
Subd. 4.Construction manager/general contractor.
"Construction manager/general contractor" means a proprietorship, partnership, limited liability partnership, joint venture, corporation, any type of limited liability company, professional corporation, or any legal entity selected by the commissioner to act as a construction manager to manage the construction process, which includes, but is not limited to, responsibility for the price, schedule, and execution of preconstruction services or the workmanship of construction performed according to section 161.3209, or both.
Subd. 5.Construction manager/general contractor contract.
"Construction manager/general contractor contract" means a contract for construction of a project between a construction manager/general contractor and the commissioner, which must include terms providing for a price, construction schedule, and workmanship of the construction performed. The construction manager/general contractor contract may include provisions for incremental price contracts for specific work packages, additional work performed, contingencies, or other contract provisions that will allow the commissioner to negotiate time and cost changes to the contract.
Subd. 6.Past performance; experience.
"Past performance" or "experience" does not include the exercise or assertion of a person's legal rights.
Subd. 7.Preconstruction services.
"Preconstruction services" means all non-construction-related services that a construction manager/general contractor is allowed to perform before execution of a construction manager/general contractor contract or work package.
Subd. 8.Preconstruction services contract.
"Preconstruction services contract" means a contract under which a construction manager/general contractor is paid on the basis of the actual cost to perform the work specified in the contract plus an amount for overhead and profit for all preconstruction services.
Subd. 9.Project.
"Project" means any project selected by the commissioner as a construction manager/general contractor project under section 161.3208.
Subd. 10.Request for proposals; RFP.
"Request for proposals" or "RFP" means the document or publication soliciting proposals for a construction manager/general contractor contract.
Subd. 11.Request for qualifications; RFQ.
"Request for qualifications" or "RFQ" means a document or publication used to prequalify and short-list potential construction managers/general contractors.
Subd. 12.Work package.
"Work package" means the scope of work for a defined portion of a project. A defined portion includes construction services on any project aspect, including procuring materials or services.
History:
2012 c 287 art 3 s 2; 2012 c 287 art 3 s 2; 1Sp2021 c 5 art 4 s 120
NOTE: This section, as added by Laws 2012, chapter 287, article 3, section 2, expires one year following the acceptance of 20 construction manager/general contractor contracts. Laws 2012, chapter 287, article 3, section 2, the effective date, as amended by Laws 2021, First Special Session chapter 5, article 4, section 120.
Official Publication of the State of Minnesota
Revisor of Statutes
Frequently Asked Questions About Minnesota § 161.3207
What does Minnesota Statutes § 161.3207 cover?
Section 161.3207 ("CONSTRUCTION MANAGER/GENERAL CONTRACTOR CONTRACTS; DEFINITIONS") is part of the Minnesota Statutes, the codified statutory law of Minnesota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Minnesota § 161.3207?
A common citation format is "Minnesota Statutes § 161.3207" (Minnesota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Minnesota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Minnesota official source linked on this page or consult a licensed Minnesota attorney.
How does Minnesota § 161.3207 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Minnesota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Minnesota.