Local Government Contracts With "Pure" Construction Managers
TN Attorney General Opinions
Date: 2008-02-01
Opinion Number: 08-16
Opinion available at:
http://www.tba2.org/tba_files/AG/2008/ag_08_16.pdf
"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.