Sec. 223.248. ASSUMPTION OF RISKS AND COSTS. (a) Except as provided by Subsection (b), the department shall assume:
(1) all risks and costs associated with:
(A) changes and modifications to the scope of the project requested by the department;
(B) unknown or differing conditions at the site of the project;
(C) applicable environmental clearance and other regulatory permitting necessary for the project; and
(D) natural disasters and other force majeure events; and
(2) all costs associated with property acquisition, other than costs associated with acquiring a temporary easement or work area used for staging or constructing the project.
(b) A design-build contractor may assume some or all of the risks or costs described by Subsection (a) if the terms of the assumption are reflected in the final request for proposals, including all supplements to the request.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 34, eff. September 1, 2011.
Structure Texas Statutes
Subtitle B - State Highway System
Chapter 223 - Bids and Contracts for Highway Projects
Subchapter F. Design-Build Contracts
Section 223.242. Scope of and Limitations on Contracts
Section 223.243. Use of Engineer or Engineering Firm
Section 223.244. Other Professional Services
Section 223.245. Request for Qualifications
Section 223.246. Request for Proposals
Section 223.2475. Changes to Design-Build Team
Section 223.248. Assumption of Risks and Costs