Louisiana Revised Statutes 48:255.5 – Issuance of work orders and commencement of work
Terms Used In Louisiana Revised Statutes 48:255.5
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means any contract awarded by the department for construction or maintenance of transportation facilities or work authorized by Louisiana Revised Statutes 48:251.9
- Contractor: means any individual, partnership, joint venture, firm, corporation, limited liability partnership, limited liability company, or any acceptable combination thereof contracting for performance of public work for the department. See Louisiana Revised Statutes 48:251.9
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Public work: means the erection, construction, alteration, maintenance, improvement, or repair of any highway, bridge, transportation facility, or immovable property owned, used, or leased by the department or any public entity for which the department is acting pursuant to an agreement. See Louisiana Revised Statutes 48:251.9
A.(1) Whenever the department enters into a contract for the construction, alteration, or repair of any public work, the department through its official representatives shall, before the issuance of any work order and before the commencement of any work, give notice of such contract, in writing, to all utility, communication, and public service companies and all public agencies and boards who furnish any utility, gas, water, electrical, communication, sewerage, or drainage services which may have underground pipes, cables, or any other underground installation which may be within the right-of-way where the public work is to be constructed, altered, or repaired. Said written notice shall require that the person, partnership, corporation, board, or agency so notified shall furnish to the department within a period of thirty days after receipt of notice, unless such time is extended by the department, a diagram or plat showing the location of such underground installations within the right-of-way, a copy of which shall be furnished by the department to the contractor before commencement of work under the contract. If such diagram or plat is not furnished within the time specified or any extension thereof granted by the department, the work order may be issued and the work commenced or the work order may be delayed.
(2) Should the diagram or plat not be furnished or the location of the underground cables, pipes, or other underground installations be inaccurately shown thereon, the department and the contractor shall be released from any responsibility in connection with their damage unless such damage is caused by the negligence of the department or contractor.
(3) If the work on the project is delayed due to the failure of the utility to furnish the plat or diagram required in this Section, the utility shall be liable for delays and cost escalations suffered by the contractor and the department.
B. This Section shall not relieve the department or contractor from the responsibility to give notice of intent to excavate or demolish to the regional notification center or centers serving the area in which the proposed work is to take place in order to be in compliance with the provisions of the “Louisiana Underground Utilities and Facilities Damage Prevention Law” as provided for in La. Rev. Stat. 40:1749.11 through 1749.22.
Acts 1997, No. 1112, §1, eff. July 14, 1997.