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Indiana Code Title 8. Utilities and Transportation § 8-23-9-58

Current as of January 02, 2024 | Updated by FindLaw Staff

Sec. 58. (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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Cite this article: FindLaw.com - Indiana Code Title 8. Utilities and Transportation § 8-23-9-58 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-8-utilities-and-transportation/in-code-sect-8-23-9-58/

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