327.465. Certificate of registration or authority not required, when--definitions.

Certificate of registration or authority not required,when--definitions.

327.465. 1. As used in this section, the following terms shall mean:

(1) "Design-build", a project for which the design and constructionservices are furnished under one contract;

(2) "Design-build contract", a contract between the owner, owner'sagent, tenant, or other party and a design-build contractor to furnish thearchitecture, engineering, and related design services, and the labor,materials, and other construction services required for a specific publicor private construction project;

(3) "Design-build contractor", any individual, partnership, jointventure, corporation, or other legal entity that furnishes architecture orengineering services and construction services either directly or throughsubcontracts.

2. Any design-build contractor that enters into a design-buildcontract for public or private construction shall be exempt from therequirement that such person or entity hold a certificate of registrationor such corporation hold a certificate of authority if the architectural,engineering, or land surveying services to be performed under the contractare performed through subcontracts with:

(1) Persons who hold a certificate of registration for theappropriate profession; or

(2) Corporations that hold current certificates of authority from theboard for the appropriate profession.

3. Nothing in this chapter shall prohibit the enforcement of adesign-build contract by a design-build contractor who only furnishes, butdoes not directly or through its employees perform the architectural,engineering, or surveying required by the contract and who does not holditself out as able to perform such services.

(L. 2002 S.B. 786)