Ind. Code ch. 5-32-4

in effect

Ind. Code § 5-32-4-1 Negotiation of CMc contract terms and conditions

Sec. 1. After the public agency has selected an offeror to be the CMc, the public agency and that offeror may negotiate the final terms and conditions of the contract for CMc services for the project. As added by P.L.128-2014, SEC.1.

Ind. Code § 5-32-4-2 CMc to provide payment and performance bonds; construction may not proceed without bonds

Sec. 2. (a) Subject to this article, the CMc contract must require the CMc to provide payment and performance bonds in an amount not less than the estimated construction costs of the project or the GMP, as provided by the RFP. (b) Construction may not be performed until the CMc has provided the bonds for that construction as required in the RFP and IC 5-32-6. As added by P.L.128-2014, SEC.1.

Ind. Code § 5-32-4-3 Contract provisions; adjustment of compensation, other incentives

Sec. 3. A CMc contract must describe the details of any adjustment of compensation or other incentives negotiated between the public agency and the CMc. As added by P.L.128-2014, SEC.1.

Ind. Code § 5-32-4-4 Cost overrun or delay damages; early completion incentives

Sec. 4. A CMc contract may describe whether the CMc and the public agency agree to any cost overrun or delay damages or early completion incentives. As added by P.L.128-2014, SEC.1.

Ind. Code § 5-32-4-5 Changes to CMc contract

Sec. 5. Changes in the contract for CMc services may be made as provided in the CMc contract. As added by P.L.128-2014, SEC.1.

Ind. Code § 5-32-4-6 Termination of CMc contract

Sec. 6. A public agency or CMc may terminate the CMc contract before the GMP has been determined, if the RFP provides for a GMP. As added by P.L.128-2014, SEC.1.

Ind. Code § 5-32-4-7 Public agency options if CMc contract terminated or not executed

Sec. 7. (a) If any of the following occur, the public agency may proceed as described in subsection (b): (1) The CMc contract is terminated under section 6 of this chapter. (2) The public agency and the selected offeror are unable to reach agreement on a CMc contract. (3) The selected offeror does not provide the required bonds as provided in the RFP or this article. (b) If any of the events described in subsection (a)(1), (a)(2), or (a)(3) occur, the public agency may do any of the following: (1) Negotiate a contract with another offeror. (2) Award contracts and complete the project under any other applicable public works statute. (3) Terminate the project. As added by P.L.128-2014, SEC.1.

Ind. Code § 5-32-4-8 Determination of GMP

Sec. 8. A CMc contract may describe if and when the GMP will be determined. If a GMP is established, the contract must describe all clarifications and assumptions on which the GMP is based. As added by P.L.128-2014, SEC.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026