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.)