136-18.03. Outside counsel.
(a) Intent. - It is the intent of the General Assembly that the Department of Transportation exercise the authority granted by this section to maximize operational and project delivery benefits attributed to the avoidance or successful defense of litigation.
(b) Authorization. - The Department of Transportation may engage the services of private counsel with the pertinent expertise to provide legal services related to any project undertaken by the Department. The Department shall supervise and manage the private counsel engaged under this section and, excluding legal services related to workers' compensation claims brought by Department employees, shall not be required to obtain written permission or approval from the Attorney General under G.S. 114-2.3. G.S. 147-17(c1) and G.S. 114-2.3(d) do not apply to this section.
(c) Performance Metrics. - The Department shall develop performance metrics to evaluate its utilization of in-house counsel and private counsel, to include the following:
(1) A summary of new matters opened by legal area.
(2) Case cycle times.
(3) Resolution of cases.
(4) A comparison of in-house costs to billable rates for private counsel.
(5) The process for procurement for legal services.
(d) Report. - The Department shall provide a semiannual report to the Joint Legislative Transportation Oversight Committee and the Joint Legislative Justice and Public Safety Oversight Committee on the performance metrics set forth in subsection (c) of this section. (2015-241, s. 29.8(d); 2017-57, s. 6.7(c).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Powers and Duties of Department and Board of Transportation.
§ 136-17.2 - Members of the Board of Transportation represent entire State.
§ 136-18 - Powers of Department of Transportation.
§ 136-18.01 - Consultation required for welcome and visitor centers.
§ 136-18.02 - Operation of electric vehicle charging stations at rest stops; report.
§ 136-18.03 - Outside counsel.
§ 136-18.04 - Product Evaluation Program.
§ 136-18.05 - Establishment of "DOT Report" Program.
§ 136-18.06 - Public Street Information Database.
§ 136-18.07 - Subdivision Roads Manual.
§ 136-18.3 - Location of garbage collection containers by counties and municipalities.
§ 136-18.3A - Wireless communications infrastructure.
§ 136-18.4 - Provision and marking of "pull-off" areas.
§ 136-18.5 - Wesley DWebster Highway.
§ 136-18.5A - Purple Heart Memorial Highway.
§ 136-18.5B - Dale Earnhardt Highway.
§ 136-18.5C - The U.SMarine Corps HighwayHome of Carolina-Based Marines since 1941.
§ 136-18.6 - Cutting down trees.
§ 136-19.3 - Acquisition of buildings.
§ 136-19.4 - Registration of right-of-way plans.
§ 136-19.4A - Required surveying information in certain acquisition plans.
§ 136-19.5 - Utility right-of-way agreements.
§ 136-19.6 - Right-of-Way Claim Report.
§ 136-20 - Elimination or safeguarding of grade crossings and inadequate underpasses or overpasses.
§ 136-21 - Drainage of highway; application to court; summons; commissioners.
§ 136-22 - View by commissioners; report; judgment.
§ 136-25 - Repair of road detour.
§ 136-27 - Connection of highways with improved streets; pipelines and conduits; cost.
§ 136-27.3 - Relocation of municipalities' utilities by Department; repayment by municipalities.
§ 136-27.3A - Relocation of automatic license plate reader systems.
§ 136-27.4 - Use of certain right-of-way for sidewalk dining.
§ 136-28.1 - Letting of contracts to bidders after advertisement; exceptions.
§ 136-28.2 - Relocated transportation infrastructure; contracts let by others.
§ 136-28.5 - Construction diaries; bid analysis and management system.
§ 136-28.6 - Participation by the Department of Transportation with private developers.
§ 136-28.6A - Partnerships with private developers.
§ 136-28.6B - Applicable stormwater regulation.
§ 136-28.7 - Contract requirements relating to construction materials.
§ 136-28.8 - Use of recycled materials in construction.
§ 136-28.9 - Retainage - construction contracts.
§ 136-28.10 - Highway Fund and Highway Trust Fund Small Project Bidding.
§ 136-28.11 - Design-build construction of transportation projects.
§ 136-28.12 - Litter removal coordinated with mowing of highway rights-of-way.
§ 136-28.13 - Participation in the energy credit banking and selling program.
§ 136-28.14 - Project contractor licensing requirements.
§ 136-28.15 - Diesel vehicles purchase warranty requirement.
§ 136-29 - Adjustment and resolution of Department of Transportation contract claim.
§ 136-30.1 - Center line and pavement edge line markings.
§ 136-32 - Regulation of signs.
§ 136-32.1 - Misleading signs prohibited.
§ 136-32.2 - Placing blinding, deceptive or distracting lights unlawful.
§ 136-32.3 - Litter enforcement signs.
§ 136-33 - Damaging or removing signs; rewards.
§ 136-33.1 - Signs for protection of cattle.
§ 136-33.2A - Signs marking beginning of reduced speed zones.
§ 136-34 - Department of Transportation authorized to furnish road equipment to municipalities.
§ 136-35 - Cooperation with other states and federal government.
§ 136-41.1 - Appropriation to municipalities; allocation of funds generally; allocation to Butner.
§ 136-41.2 - Eligibility for funds; municipalities incorporated since January 1, 1945.
§ 136-41.2A - Eligibility for funds; municipalities incorporated before January 1, 1945.
§ 136-41.2B - Eligibility for funds; municipalities with no road miles ineligible.
§ 136-41.4 - Municipal use of allocated funds; election.
§ 136-41.5 - Annual report on use of Bicycle and Pedestrian Planning Grant funds.
§ 136-42 - Transferred to G.S.2 by Session Laws 1971, c345, s2.
§ 136-42.1 - Archaeological objects on highway right-of-way.
§ 136-42.2 - Markers on highway; cooperation of Department of Transportation.
§ 136-42.3 - Historical marker program.
§ 136-43 - Transferred to § 136-42.3 by Session Laws 1971, c345, s2.
§ 136-43.1 - Procedure for correction and relocation of historical markers.