Indiana § 8-23-9-58 Utility facilities; costs and delays due to facility relocations;
contractor's right to compensation or expenses

Indiana Statutes

§ 8-23-9-58 — Utility facilities; costs and delays due to facility relocations; contractor's right to compensation or expenses

Indiana § 8-23-9-58

Art. 23INDIANA DEPARTMENT OF

Ch. 9State Highway Contracts; General Powers

This text of Indiana § 8-23-9-58 (Utility facilities; costs and delays due to facility relocations; contractor's right to compensation or expenses) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-23-9-58 (2026).

Text

(a)This section applies to a construction contract entered into by the department and a contractor after June 30, 2005.

(b)The department may not include in a contract, or in any specifications or other documents that are a part of or incorporated in a contract, a provision that prohibits a contractor from receiving, or restricts the contractor in receiving, reasonable compensation or reasonable expenses directly related to unforeseen conditions encountered during the construction project as a result of:

(1)a conflict with the facilities of a utility (as defined in IC 8-1-9-2(a)); or

(2)delays due to the relocation of utility facilities; that differ materially from the affected utilities or utility relocations specified in the contract documents.

Free access — add to your briefcase to read the full text and ask questions with AI

(a) This section applies to a construction
contract entered into by the department and a contractor after June 30,
2005.
(b) The department may not include in a contract, or in any
specifications or other documents that are a part of or incorporated in
a contract, a provision that prohibits a contractor from receiving, or
restricts the contractor in receiving, reasonable compensation or
reasonable expenses directly related to unforeseen conditions
encountered during the construction project as a result of:
(1) a conflict with the facilities of a utility (as defined in IC 8-1-9-2(a)); or
(2) delays due to the relocation of utility facilities;
that differ materially from the affected utilities or utility relocations
specified in the contract documents.