Construction management - Governing body determinations
N.D. Cent. Code § 48-01.2-18
in effect48-01.2-18. Construction management - Governing body determinations
1. Notwithstanding any other provision of law, a governing body may use the agency
construction management or construction management at-risk delivery methods for
construction of a public improvement if:
a. The agency construction manager has no common ownership or conflict of
interest with the architect, landscape architect, or engineer involved in the
planning and design of the public improvement or with any person engaged in the
construction of the public improvement.
b. The construction manager at-risk has no common ownership or conflict of interest
with the architect, landscape architect, or engineer involved in the planning and
design of the public improvement.
2. Before utilizing the agency construction management or construction management
at-risk delivery method, a governing body shall make the following determinations:
a. That it is in the best interest of the public to utilize the agency construction
manager or construction manager at-risk public improvement delivery method.
b. That the agency construction manager or construction manager at-risk planning
and design phase services will not duplicate services normally provided by an
architect or engineer.
c. That the agency construction manager or construction manager at-risk
construction services will be in addition to and not duplicate the services provided
for in the architect and engineer contracts.
3. The governing body shall provide written documentation of the determinations
provided for under subsection 2 upon written request from any individual.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t48c01-2.pdf#nameddest=48-01p2-18Fetched: 10/16/2026