Sec. 2. (a) A unit of local government may not employ the architect or engineer who provided design services on a public construction project or his affiliate, to be the construction manager on the project he designed.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 5-16-10-2

  • Affiliate: means a parent, descendant, spouse, spouse of a descendant, brother, sister, spouse of a brother or sister, employee, director, officer, partner, limited liability company manager or member, joint venturer, a corporation subject to common control with the architect, engineer or construction manager, a shareholder or corporation who controls the architect, engineer or construction manager, or a corporation controlled by the architect, engineer, or construction manager. See Indiana Code 5-16-10-1
  • Architect: means the person registered under IC 25-4-1. See Indiana Code 5-16-10-1
  • Construction manager: means a person designated as a construction manager by contract who provides professional management services, which contribute to the control of time and the cost and quality of a public construction project, and who performs those services concurrent with architectural and engineering services rendered during the design and construction phases of a construction project. See Indiana Code 5-16-10-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Engineer: means the person registered under IC 25-31-1. See Indiana Code 5-16-10-1
  • Public construction project: means the construction, remodeling, rehabilitation, or repair of any building or other facility of a unit of local government, whether the building or facility is owned by the unit or leased by the unit with an option to purchase under IC 36-1-10 or any other law. See Indiana Code 5-16-10-1
  • Unit of local government: includes any county, city, town, township, and any other political subdivision, commission, or agency created under law. See Indiana Code 5-16-10-1
     (b) A unit of local government may not let a general contract, or any separate trade contract, to perform work on a public construction project to the construction manager of the project.

As added by Acts 1981, P.L.60, SEC.1.