All Contracts And Contractors Legislation - Missouri

SB 1254 - This act creates the "Political Subdivision Services Bidding Standards Act". Contracts for services by any political subdivision shall be advertised and bids solicited and awarded in compliance with any federal, state, and local law specifically written for such political subdivision. If a political subdivision is not covered by a specific federal, state, or local law, it shall comply with the advertising and bidding requirements outlined in this act when soliciting bids and awarding contracts. Contracts for services shall be advertised in advance of the acceptance of bids for a minimum of five days in an area newspaper, with the first ad appearing at least 30 days in advance of the stated deadline for acceptance of bids. For contracts for over $50,000, bids shall also be advertised by providing information to at least one organization which regularly provides information to contractors providing the service needed. Ads and solicitations must include the submission deadline.[...]

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SB 1222 - This act requires contractors to have a drug and alcohol testing program in place in order to work on school property. Employers may contract with a third-party to administer the program. With the submission of a bid, a contractor must provide a statement stipulating that the contractor and all subcontractors slated to work on the project have a testing policy in place. Before employees are tested, the employer must provide the employee with a written policy statement explaining the employee's rights to challenge any positive result. Employees shall not work on a project unless they test negative within twelve months of the start date of the project. After the project commences, the employer may require an employee to submit to reasonable suspicion testing if the employer has reason to believe that the employee is using drugs in violation of the employer's policies. Specific circumstances upon which an employer may infer drug use are provided. Employers are required to [...]

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SB 1174 - This act provides that no covenant for a fee or charge to be paid upon the transfer of an interest in real property shall be enforceable against any subsequent owner, purchaser, or mortgagee of any interest in real property. A transfer fee shall not include: (1) Any consideration payable for the interest in real property being transferred; (2) Any commission payable to a real estate broker under an agreement between the broker and the grantor or grantee; (3) Any amount payable by a borrower to a lender pursuant to a loan secured by a mortgage against real property, including any fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage any fees payable to the lender for estoppel letters or certificates, or any other consideration allowed by law payable to the lender in connection with the loan; (4) Any amount payable by a lessee to a lessor under a lease; (5) Any consideration payable [...]

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SB 1077 - Under current law, Section 434.100, RSMo, most indemnities for construction work are considered void and against public policy. Unless one of the statute's exceptions applies, a party to a contract for construction work cannot transfer a significant portion of its project risks to others via a broad indemnity agreement. The current statute contains nine exceptions to the general rule that these types of indemnity agreements are void. Under this act, the general prohibition against indemnity agreements is expanded to specifically prohibit agreements to hold harmless the negligence of the other person's officers, employees, or agents. The current law only specifically prohibits agreements that hold harmless another person from that person's own negligence. Under current law, the anti-indemnity provision does not apply to a party's own promise to hold another party harmless from the party's own negligence. This act expands the exception to include the party's officers, employees,[...]

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SB 913 - This act creates statutory warranties for home buyers and homeowners and also prevents home solicitors from engaging in certain deceptive practices. This act prohibits certain unfair or deceptive practices relating to home improvement loans to the consumer. It prohibits home solicitations where a home improvement loan is made encumbering the person's home to pay the loan and where the practice violates federal law. Violation of this provision constitutes a Class A misdemeanor. Three new-home warranties are created by this act. The first covers new homes against faulty workmanship and defective materials due to noncompliance with building standards for a three-year period. The second warranty covers new homes against faulty installation of plumbing, electrical, heating and cooling systems for a five-year period. The third warranty covers the home against major construction defects (foundation) for a ten-year period. These warranties are extended to subsequent purchasers [...]

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