TACCBO CONSTRUCTION ANDPROCUREMENT CHALLENGES

BY: LAURA S. FOWLER, JD

DOES EVERYONE IN YOUR COMMUNITY HOPE AND EXPECT YOUR BUILDING PROGRAM TO PRODUCE

FACILITIES THAT LOOK LIKE THIS?

TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM

1. If my building program will use public funds, what state agency can impose civil sanctions and refer charges for criminal prosecution against public officials and administrators and their consultants who violate the applicable law?

See: Texas Ethics Commission http://www.ethics.state.tx.us/index.html

TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM

http://www.statesman.com/news/news/local/ethics-commission-dismisses-complaints-against-cou/nX9cG/

TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM

2. If my building program will use the foundation funds of a 501(c)3 or similar charitable donations, what must be done before receiving funds or soliciting donations to avoid serious civil penalties imposed on both the building program administrators and the donors?

See: Texas Attorney General. Charitable Organizations FAQ

http:/www.sos.state.tx.us/copr/nonprofitfaqs.shtml

TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM

http://www.bizjournals.com/atlanta/news/2013/05/16/state-rep-tyrone-brooks-sr-indicted.html

TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM

3. If naming a building or facility is being considered as a way to raise more money

from individual donors, what should the fund raisers do before the first solicitation is made?(a) Confirm what the tradition of your community as a whole has been; (and what may have caused hard feelings in the past)

(b) Establish an informal committee of well respected responsible citizens to informally submit suggested criteria for the governing board to consider adopting;

(c) Obtain a quiet legal opinion to make certain the criteria are lawful and can be implemented fairly.

TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM

4. If your building program will own a building that

will be unoccupied for any significant period of

time before construction/renovation activities

begin, what serious challenge does this present?

See: http://www.tdi.texas.gov/pubs/consumer/cb021.html

 

TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM

5.If you are a local governmental unit and your building program will rely upon the resources and assets of other all governmental, what written agreement is essential?

See: Texas Government Code Section 791.001 et seq.

 

TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM

6. When can a Texas local governmental unit not require workers compensation for construction, demolition, repair or maintenance project?

See: Texas Labor Code Section 406.001 et seq.

 

DON’T AWARD CONTRACTS TO ZOMBIES

TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM

7. Who are you contracting with?

Are these contractors or consultants who they say they are; do they pay their taxes?http://www.sos.state.tx.us/corp/sosda/index.shtml

http://www.window.state.tx.us/taxinfo/coasintr.html

http://www.traviscad.org/search1.php 

DO NOT AWARD CONTRACTS TO EXTRATERRESTRIALS

TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM

8. What is the current status of every construction professional's license? Take particular care to confirm the current status of:

Architects

Engineers

Certified Appraisers

Land Surveyors

Is this professional really who he claims to be?

http://www.tbpe.state.tx.us/search.php  http://www.tsbpa.state.tx.us/macros/OD007.ndm/MAIN  http://www.texasonline.state.tx.us/NASApp/tdi/TdiARManager  http://www.tda.state.tx.us/spcs/license/lic_search.htm  

http://www.ssb.state.tx.us/Dealer_And_Investment_Adviser_Registration/Check_Securities_Dealer_or_Agent_Registration_Status.php

TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM

TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM

9. What private certifications does the installer or applicator need from the manufacturer, warranty or assurance issuer?

TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM

10.What temptation must you NEVER succumb to as you close out your construction project and occupy your building?

See: Texas Government Code Section 2253.001

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