§ 43-1-1412 — Utility relocation delays

(1) When a utility company delegates
the responsibility for the performance of any utility relocation work necessitated by
a design-build transportation project to the department's contractor for the project
pursuant to a project specific utility relocation agreement, the utility company shall
not be responsible to the department for any damages caused by the delay in the
performance of the relocation work or the interference by the department's
contractor in the performance of any part of the project by another contractor.

(2) (a) When a utility company chooses to perform any utility relocation work
necessitated by a design-build transportation project, the utility company shall
complete the relocation work within the time specified in the project specific utility
relocation agreement or in the performance schedule for the project as set forth in
the written notice provided to the company by the department in accordance with
section 43-1-1411 (4). The company shall not interfere with the performance of the
design-build transportation project by any other contractor.

(b) Notwithstanding the provisions of section 43-1-1411 (3)(b), a utility
company shall not be liable for damages caused by the failure to timely perform the
relocation work or the interference with the performance of the design-build
transportation project by any other contractor when the failure to perform or the
interference is caused by a force majeure.

Legislative History

Source: L. 2000: Entire section added, p. 1615, � 3, effective June 1.