Sec. 12.5. (a) As used in this section, "contractor" refers to a person who provides professional services under a contract with the department.
(b) As used in this section, "professional services" refers to engineering, architectural, or surveying services.
(c) Notwithstanding any provision of IC 26-2-5-1 to the contrary, the department may not require a contractor to assume any liability or indemnify the state for any amount greater than the degree of fault of the contractor.
(d) Any contractual provision in conflict with the prohibitions contained in subsection (c) is void and unenforceable.
As added by P.L.50-2008, SEC.1.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 23. Indiana Department of Transportation
Chapter 2. Indiana Department of Transportation
8-23-2-1. Establishment of Department
8-23-2-2. Commissioner; Appointment; Compensation
8-23-2-4.1. Department Responsibilities; Activities
8-23-2-5.5. Coordinated Use of Public Rights-of-Way; Sharing of Information; Adoption of Rules
8-23-2-6.5. Abandonment of Facility Constructed or Installed in Right-of-Way
8-23-2-11. Application of Section; Surplus Property; Trust Bid
8-23-2-12. Engineers and Land Surveyors; Contracts; Compensation
8-23-2-12.5. "Contractor"; "Professional Services"; Liability of Contractors
8-23-2-13. Notaries Public; Costs and Expenses; Powers
8-23-2-15. "Highway Work Zone"; Use of Off Duty Police Officers to Patrol Highway Work Zones
8-23-2-18. Nursery Stock and Wildflower Seed Sales
8-23-2-19. Road and Bridge Condition Metrics; Prioritization System; Budgetary Needs