IC 5-16-10
Chapter 10. Employment of Construction Managers in Public
Construction Projects
IC 5-16-10-1 Definitions
Sec. 1. As used in this chapter, the following terms have the
following meanings:
(1) "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.
(2) "Architect" means the person registered under IC 25-4-1.
(3) "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.
(4) "Engineer" means the person registered under IC 25-31-1.
(5) "Person" means a natural person, a partnership, a limited
liability company, or a corporation.
(6) "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. However,
"public construction project" does not mean highway or bridge
construction.
(7) "Unit of local government" includes any county, city, town,
township, and any other political subdivision, commission, or
agency created under law. However, the term does not include
a school corporation or lessor corporation qualifying under
IC 20-47-2 or IC 20-47-3. As added by Acts 1981, P.L.60, SEC.1. Amended by Acts 1982,
P.L.41, SEC.1; P.L.8-1993, SEC.67; P.L.25-1995, SEC.10;
P.L.2-2006, SEC.31.
IC 5-16-10-2 Limitations on employment of construction managers; contracts
with construction managers prohibited
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.
(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.
IC 5-16-10-3 Performance of services constituting practice of architecture and
engineering
Sec. 3. The limitations expressed in section 2 of this chapter
should not be interpreted to permit any person who is not a registered
architect under IC 25-4-1 or a registered engineer under IC 25-31-1
to do any act which constitutes the practice of architecture or
engineering nor to prevent any unit of local government from
employing any person who is a registered architect under IC 25-4-1
or a registered engineer under IC 25-31-1 to perform services which
constitute the practice of architecture or engineering. As added by Acts 1981, P.L.60, SEC.1.
IC 5-16-10
Chapter 10. Employment of Construction Managers in Public
Construction Projects
IC 5-16-10-1 Definitions
Sec. 1. As used in this chapter, the following terms have the
following meanings:
(1) "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.
(2) "Architect" means the person registered under IC 25-4-1.
(3) "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.
(4) "Engineer" means the person registered under IC 25-31-1.
(5) "Person" means a natural person, a partnership, a limited
liability company, or a corporation.
(6) "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. However,
"public construction project" does not mean highway or bridge
construction.
(7) "Unit of local government" includes any county, city, town,
township, and any other political subdivision, commission, or
agency created under law. However, the term does not include
a school corporation or lessor corporation qualifying under
IC 20-47-2 or IC 20-47-3. As added by Acts 1981, P.L.60, SEC.1. Amended by Acts 1982,
P.L.41, SEC.1; P.L.8-1993, SEC.67; P.L.25-1995, SEC.10;
P.L.2-2006, SEC.31.
IC 5-16-10-2 Limitations on employment of construction managers; contracts
with construction managers prohibited
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.
(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.
IC 5-16-10-3 Performance of services constituting practice of architecture and
engineering
Sec. 3. The limitations expressed in section 2 of this chapter
should not be interpreted to permit any person who is not a registered
architect under IC 25-4-1 or a registered engineer under IC 25-31-1
to do any act which constitutes the practice of architecture or
engineering nor to prevent any unit of local government from
employing any person who is a registered architect under IC 25-4-1
or a registered engineer under IC 25-31-1 to perform services which
constitute the practice of architecture or engineering. As added by Acts 1981, P.L.60, SEC.1.
IC 5-16-10
Chapter 10. Employment of Construction Managers in Public
Construction Projects
IC 5-16-10-1 Definitions
Sec. 1. As used in this chapter, the following terms have the
following meanings:
(1) "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.
(2) "Architect" means the person registered under IC 25-4-1.
(3) "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.
(4) "Engineer" means the person registered under IC 25-31-1.
(5) "Person" means a natural person, a partnership, a limited
liability company, or a corporation.
(6) "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. However,
"public construction project" does not mean highway or bridge
construction.
(7) "Unit of local government" includes any county, city, town,
township, and any other political subdivision, commission, or
agency created under law. However, the term does not include
a school corporation or lessor corporation qualifying under
IC 20-47-2 or IC 20-47-3. As added by Acts 1981, P.L.60, SEC.1. Amended by Acts 1982,
P.L.41, SEC.1; P.L.8-1993, SEC.67; P.L.25-1995, SEC.10;
P.L.2-2006, SEC.31.
IC 5-16-10-2 Limitations on employment of construction managers; contracts
with construction managers prohibited
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.
(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.
IC 5-16-10-3 Performance of services constituting practice of architecture and
engineering
Sec. 3. The limitations expressed in section 2 of this chapter
should not be interpreted to permit any person who is not a registered
architect under IC 25-4-1 or a registered engineer under IC 25-31-1
to do any act which constitutes the practice of architecture or
engineering nor to prevent any unit of local government from
employing any person who is a registered architect under IC 25-4-1
or a registered engineer under IC 25-31-1 to perform services which
constitute the practice of architecture or engineering. As added by Acts 1981, P.L.60, SEC.1.
