TITLE XX
TRANSPORTATION

CHAPTER 228
ADMINISTRATION OF TRANSPORTATION LAWS

Section 228:1

    228:1 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of transportation.
I-a. "Construction management" means a method of contracting where the state engages the services of a contractor to work with an architect or engineer. The contractor assumes risk for construction and is required to provide design phase consultation, including the evaluation of costs, schedules, implication of alternative designs, systems, and materials.
II. "Contract construction" means all construction performed in whole or in part by an independent contractor.
III. "Cost-plus contract" means one under which the payment for the work is the actual cost, plus either a fixed fee or a percentage of the cost as profit.
IV. "Department" means the department of transportation.
IV-a. "Design build" means a method of contracting where the state engages the professional services of a single entity designer/builder who is responsible for the provision of the design and construction of a project. The designer/builder can be either a single firm or a team of architect, engineer, and builder. The designer/builder contracts directly with all subcontractors and is responsible for the delivery of the completed project.
V. "Force account basis" means use of a work force directly on the state payroll, rather than an independent contractor.
VI. "Registered architect or professional engineer" means a person licensed in the state as an architect or engineer.
VII. "Project" means any construction, reconstruction, alteration, or maintenance of any highway, bridge, building, plant, fixture, facility or other item directly related to transportation. The term shall not include construction, reconstruction, alteration, or maintenance of buildings, plants, fixtures, or facilities formerly administered through the department of transportation, division of public works, or matters managed by the department of administrative services, division of public works design and construction.
VIII. [Repealed.]
IX. "Toll credits" means credits generated by previous state-funded construction, maintenance, or improvement of highways, bridges, or tunnels that may be used as a match for federal highway funds.

Source. 1950, 5:1, part 9:1, par. 1. RSA 228:1. 1981, 87:1; 558:1. 1985, 402:6, I(a)(1), (b)(1). 2005, 55:1, 2, eff. May 23, 2005; 291:16, 27, II, eff. July 25, 2005. 2012, 73:1, eff. July 22, 2012. 2017, 156:119, eff. July 1, 2017.