Sec. 0.1. The following amendments to this chapter apply as follows: (1) The addition of section 21 of this chapter by P.L.20-1991 applies to public works contracts for which notices calling for sealed proposals for the work are published after June 30, 1991. (2) The amendments made to this chapter by P.L.133-2007 apply only to […]
Sec. 1. (a) Except as provided in this section, this chapter applies to all public work performed or contracted for by: (1) political subdivisions; and (2) their agencies; regardless of whether it is performed on property owned or leased by the political subdivision or agency. (b) This chapter does not apply to an officer or […]
Sec. 1.2. The following definitions apply throughout this chapter: (1) “Board” means the board or officer of a political subdivision or an agency having the power to award contracts for public work. (2) “Contractor” means a person who is a party to a public work contract with the board. (3) “Subcontractor” means a person who […]
As added by P.L.329-1985, SEC.10. Repealed by P.L.82-1995, SEC.20.
As added by P.L.329-1985, SEC.11. Repealed by P.L.82-1995, SEC.20.
Sec. 10. All plans and specifications for public buildings must be approved by the state department of health, the department of homeland security, and other state agencies designated by statute. [Pre-Local Government Recodification Citations: 5-16-1 part; Part new.] As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.8-1984, SEC.123; P.L.2-1992, SEC.886; P.L.1-2006, SEC.553; P.L.187-2021, SEC.137.
Sec. 11. (a) The board must, within sixty (60) days after the completion of the public work project, file in the department of homeland security a complete set of final record drawings for the public work project. However, this requirement does not apply to a public work project constructed at a cost less than one […]
Sec. 12. (a) When a public work project is to be performed, the board shall withhold final payment to the contractor until the contractor has paid the subcontractors, material suppliers, laborers, and those furnishing services. However, if there is not a sufficient sum owed to the contractor to pay those bills, the sum owed to […]
Sec. 13. A contract for public work must contain a provision for the payment of subcontractors, laborers, material suppliers, and those performing services. The board shall withhold money from the contract price in a sufficient amount to pay the subcontractors, laborers, material suppliers, and those furnishing services. [Pre-Local Government Recodification Citations: 5-16-1 part; Part new.] […]
Sec. 13.1. (a) Except as provided in subsection (e), the appropriate political subdivision or agency: (1) shall require the contractor to execute a payment bond to the appropriate political subdivision or agency, approved by and for the benefit of the political subdivision or agency, in an amount equal to the contract price if the cost […]
Sec. 14. (a) This section applies to public work contracts in excess of two hundred thousand dollars ($200,000) for projects other than highways, roads, streets, alleys, bridges, and appurtenant structures situated on streets, alleys, and dedicated highway rights-of-way. A board may require a contractor and subcontractor to include contract provisions for retainage as set forth […]
Sec. 15. (a) A contract by the board for public work must conform to IC 5-16-13. (b) A contract by the board for public work must conform with the antidiscrimination provisions of IC 5-16-6. The board may consider a violation of IC 5-16-6 a material breach of the contract, as provided in IC 22-9-1-10. [Pre-Local […]
Sec. 16. A contract for public work by a political subdivision or agency is void if it is not let in accordance with this chapter. [Pre-Local Government Recodification Citations: 5-16-1 part; Part new.] As added by Acts 1981, P.L.57, SEC.38.
Sec. 17. (a) A contract for road or street work must contain a provision for the timely payment of claims made by the contractor. (b) Each contract must provide for final payment within one hundred twenty (120) days after final acceptance and completion of the contract. Final payment may not be made on any amount […]
Sec. 18. (a) If, in the course of the construction, reconstruction, or repair of a public work project, it becomes necessary to change or alter the original specifications, a change order may be issued to add, delete, or change an item or items in the original contract. The change order becomes an addendum to the […]
Sec. 19. (a) For purposes of this section, the cost of a public work project includes the cost of materials, labor, equipment rental, and all other expenses incidental to the performance of the project. (b) The cost of a single public work project may not be divided into two (2) or more projects for the […]
Sec. 2. (a) As used in this chapter, “public work” means the construction, reconstruction, alteration, or renovation of a public building, airport facility, or other structure that is paid for out of a public fund or out of a special assessment. The term includes the construction, alteration, or repair of a highway, street, alley, bridge, […]
As added by P.L.329-1985, SEC.13. Repealed by P.L.82-1995, SEC.20.
As added by P.L.329-1985, SEC.14. Repealed by P.L.82-1995, SEC.20.
As added by P.L.329-1985, SEC.15. Repealed by P.L.82-1995, SEC.20.
