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

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.