Damages claims relating to delayed relocation of utilities in a highway right-of-way and modifying administrative rules promulgated by the Department of Transportation. (FE)

Under the bill, a contractor that incurs costs as a result of a utility relocation delay may file a utility delay damages claim with the department. “Utility relocation delay” means a change in operations of a contractor or the rescheduling of work by a contractor that is caused by the uncompleted relocation or adjustment of a utility facility located in the right-of way, regardless of whether the relocation or adjustment of the utility facility is identified in a plan.

The bill requires DOT to notify the owner of the relevant utility facility upon receipt of a damages claim. The owner may respond to the claim by providing additional information related to the claim. DOT must consider all information provided and, if DOT determines that a utility relocation delay occurred, must compensate the contractor for costs incurred as a result.

Under the bill, if a utility relocation delay was caused by a utility facility owner's failure to complete a relocation in accordance with an approved plan, the utility facility owner is liable to DOT for any compensation paid to a contractor as a result of a utility relocation delay. The owner must make payment to DOT within 60 days, subject to the right to appeal DOT's determination. If the owner fails to make the required payment, DOT may seek remedy by filing a civil suit against the owner.

The bill requires DOT to submit a report to the Joint Committee on Finance within four years providing specified information about utility relocation damages claims received by DOT. Within six months of receipt of the report, JFC must make a recommendation as to whether the process created by the bill should be amended or repealed.