Texas Transportation Code

§ 223.248 — ASSUMPTION OF RISKS AND COSTS

TN § 223.248Title 6. ROADWAYS · Part B. STATE HIGHWAY SYSTEM · Ch. 223. BIDS AND CONTRACTS FOR HIGHWAY PROJECTS · Art. F. DESIGN-BUILD CONTRACTS

(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

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Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 34, eff. September 1, 2011.