Terms Used In Montana Code > Title 18 > Chapter 2 - Construction Contracts

• Alternative project delivery contract: means a construction management contract, a general contractor construction management contract, a design-build contract, or a comprehensive agreement. See Montana Code 18-2-501
• Best value: means a procurement in which the decision is based on the primary objective of meeting the specific goals and best interests of the state agency or governing body, including but not limited to qualifications, technical, design, pricing, financing viability, and schedule. See Montana Code 18-2-501
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Comprehensive agreement: means an agreement setting forth the firm fixed price, duration, risk transfer, and all other commercial and technical terms to be adhered to with respect to an awarded eligible project utilizing innovative financing delivery with a private party. See Montana Code 18-2-501
• Construction management contract: means a contract in which the contractor acts as the public owner's construction manager and provides leadership and administration for the project, from planning and design, in cooperation with the designers and the project owners, to project startup and construction completion. See Montana Code 18-2-501
• Contractor: has the meaning provided in 18-4-123. See Montana Code 18-2-501
• Design-build contract: means a contract in which the designer-builder assumes the responsibility and the risk for architectural or engineering design and construction delivery under a single contract with the owner. See Montana Code 18-2-501
• Eligible project: means any asset owned by a state agency or governing body, except for toll roads, toll bridges, and any broadband infrastructure projects. See Montana Code 18-2-501
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Governing body: means :

  (a)the legislative authority of:

  (i)a municipality, county, or consolidated city-county established pursuant to Title 7, chapter 1, 2, or 3;

  (ii)a school district established pursuant to Title 20; or

  (iii)an airport authority established pursuant to Title 67, chapter 11;

  (b)the board of directors of a county water or sewer district established pursuant to Title 7, chapter 13, parts 22 and 23; or

  (c)the trustees of a fire district established pursuant to Title 7, chapter 33, or the county commissioners or trustees of a fire service area established pursuant to 7-33-2401. See Montana Code 18-2-501

• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Innovative financing delivery: means a project delivery method whereby a state agency or a governing body procures an eligible project that includes private financing and any combination of design, build, operate, or maintain with a private party. See Montana Code 18-2-501
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Private property: means all real property, including but not limited to water rights. See Montana Code 2-10-103
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Project: means any construction or any improvement of the land, a building, or another improvement that is suitable for use as a state or local governmental facility. See Montana Code 18-2-501
• Publish: means publication of notice as provided for in 7-1-2121, 7-1-4127, and 20-9-204 or the provision of public notice pursuant to 18-2-301. See Montana Code 18-2-501
• Request for proposals: means the final solicitation document requesting detailed proposals from short-listed, qualified proposers for evaluation and selection. See Montana Code 18-2-501
• State agency: has the meaning provided in 2-2-102, except that the department of transportation, provided for in 2-15-2501, is not considered a state agency. See Montana Code 18-2-501
• State agency: means an officer, board, commission, department, or other entity within the executive branch of state government. See Montana Code 2-10-103
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203