February 02, 2008

Tennessee statute mandates that local governments contracting with "pure" construction managers must use competitive bidding and licensed contractors

Local Government Contracts With "Pure" Construction Managers

TN Attorney General Opinions
Date: 2008-02-01
Opinion Number: 08-16

Opinion available at:

"Tenn. Code Ann. § 12-4-106(a)(1) does not prohibit local government contracts for 'pure' construction managers from being awarded based on competitive bids. ... Pursuant to Tenn. Code Ann. § 62-6-103(a)(1), any corporation engaged in contracting in Tennessee must be licensed as provided in the Contractors Licensing Act of 1994, Tenn. Code Ann. § 62-6-101, et seq. ... Tenn. Code Ann. § 5-7-107 does not authorize counties to contract with 'pure' construction managers without competitive bidding. Rather, that statute permits local governments to contract with construction managers to superintend construction projects." Id.