(1) Regardless of delivery method, the department shall include in a construction contract a provision that:
- (a) allows the department to terminate the contract at any time for cause or without cause;
- (b) requires the contractor to satisfy the requirements of Title 63G, Chapter 2, Government Records Access Management Act, regarding records the department owns that are in the contractor's possession;
- (c) authorizes the department to penalize a contractor for violating the requirements of Title 63G, Chapter 2, Government Records Access Management Act, or delaying the department's response to a government records request;
- (d) requires a contractor to have insurance protecting the department from judgments up to the limits described in Rule R37-4; and
- (e) defines the standard of care for a contractor to comply with applicable common, statutory, and municipal law.
KEY: bids, advertising, contracts, bonding requirements
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-107; 63G-6-505; 63G-6-207(3)