26-2-7-2. Financial Institution
Sec. 2. (a) As used in this chapter, “financial institution” refers to a financial institution (as defined in IC 28-1-1-3). (b) The term does not include a person licensed under IC 24-4.5. As added by P.L.42-1993, SEC.18. Amended by P.L.10-2006, SEC.24 and P.L.57-2006, SEC.24; P.L.213-2007, SEC.33; P.L.217-2007, SEC.31.
26-2-7-3. Notice of Nonpayment
Sec. 3. For purposes of this chapter, notice that a check has not been paid by a financial institution is considered as having been given at the time that the notice was deposited in the regular United States mail, if the notice was addressed to either of the following: (1) The address printed on the […]
26-2-7-4. Liability for Stopping Payment or Permitting Dishonor of Checks
Sec. 4. Subject to section 8 of this chapter, a person found liable under other applicable law is liable under this chapter to the holder of a check if the person executed and delivered the check to another person drawn on or payable at a financial institution and the person does either of the following: […]
26-2-7-5. Extent of Liability for Stopping Payment or Permitting Dishonor of Checks
Sec. 5. A person liable under section 4 of this chapter is also liable for all of the following: (1) Interest at the rate of eighteen percent (18%) per annum on the face amount of the check from the date of the check’s execution until payment is made in full. (2) Court costs incurred in […]
26-2-5-1. “Construction or Design Contract”; Indemnity Agreements Against Public Policy as Void and Unenforceable; Exceptions
Sec. 1. (a) As used in this section, “construction or design contract” includes a design-build contract under which all of the following for the same project are included: (1) Architectural, engineering, and related design services. (2) Labor, materials, and other construction services. (b) All provisions, clauses, covenants, or agreements contained in, collateral to, or affecting […]
26-2-7-6. Liability for Continued Nonpayment of Checks
Sec. 6. (a) This section does not apply to a person who has allowed a check to be dishonored because of lack of funds if both of the following apply: (1) The person reasonably believed that there were sufficient funds in the account to cover the check. (2) The insufficiency of funds is caused by […]
26-2-5-2. Uninsurable Facility Excepted
Sec. 2. This chapter does not apply to a construction or design contract if liability insurance normally available within the United States at standard rates cannot be obtained for the facility being constructed or designed because it constitutes a dangerous instrumentality. Formerly: Acts 1975, P.L.276, SEC.1.
26-2-7-7. Election of Remedies
Sec. 7. A person must elect whether to pursue a claim either under this chapter or under IC 34-24-3-1 (or IC 34-4-30-1 before its repeal). As added by P.L.42-1993, SEC.18. Amended by P.L.1-1998, SEC.138.
26-2-5-3. Application of Chapter
Sec. 3. This chapter applies to a construction or design contract entered into after June 30, 1975. As added by P.L.1-1989, SEC.53.
26-2-7-8. Exemption From Liability for Permitting Dishonor of Checks
Sec. 8. (a) A person who has allowed a check to be dishonored is not liable under this chapter if, not more than ten (10) days after the holder has given notice that the check has not been paid by the financial institution, the person pays to the holder the full amount of the check. […]