TITLE 37
Public Property and Works

CHAPTER 37-2
State Purchases

SECTION 37-2-27.5


§ 37-2-27.5 Procurement of construction manager at-risk services – Public records.

(a) All documents related to a construction project delivered through a construction manager at- risk, including, but not limited to, design documents, construction documents, bid documents, financial documents and contract documents, shall be considered public records and be made available for public inspection in accordance with chapter 38-2, entitled the Access to Public Records Act. Information may only be withheld from public inspection if the construction manager at-risk firm or the relevant subcontractor specifically states in writing a description of the data or materials to be protected and the reasons why protection is necessary, and if the chief purchasing officer determines through a written determination that the records are not public pursuant to chapter 38-2 access to public records law. The burden to identify trade secrets, commercial or financial information, or other information not subject to public disclosure pursuant to chapter 38-2 shall rest with the construction manager at-risk or the relevant subcontractor. Any person or entity denied the right to inspect records may appeal the denial in accordance with chapter 38-2, the Access to Public Records law.

(b) Notwithstanding any other provision to the contrary, including any provision exempting any entity from the requirements of this chapter, all public corporations as defined in subdivision 35-20-5(4) and quasi-public agencies, shall be subject to and shall comply with the terms of this section.

History of Section.
(P.L. 2011, ch. 336, § 2; P.L. 2011, ch. 385, § 2.)