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·Art. 23 INDIANA DEPARTMENT OF·Ch. 9 State Highway Contracts; General Powers

(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.

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(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.

Indiana § 8-23-9-58 (Utility facilities; costs and delays due to facility relocations; contractor's right to compensation or expenses) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.