4-13.6-7-0.1. Application of Certain Amendments to Chapter
Sec. 0.1. The amendments made to this chapter by P.L.133-2007 apply only to public works contracts entered into after June 30, 2007. As added by P.L.220-2011, SEC.37.
4-13.6-7-1. Application of Chapter
Sec. 1. The director may apply the retainage provisions of this chapter to public works projects with an estimated cost less than the amount specified in section 2 of this chapter. As added by P.L.24-1985, SEC.7. Amended by P.L.133-2007, SEC.2.
4-13.6-7-10. Claims of Subcontractors and Suppliers; Verification; Notice to Contractors and Sureties; Actions Upon Bond
Sec. 10. (a) In order to receive payment under section 9 of this chapter or to proceed against the bond of the contractor required under section 6 of this chapter, a subcontractor or supplier making a claim for payment on account of having performed any labor or having furnished any material or service in relation […]
4-13.6-7-11. Limitation of Actions Against Sureties
Sec. 11. Unless the bond provides a greater period of time, all suits must be brought against a surety on a bond required by this chapter within one (1) year after final settlement with the contractor under section 8 of this chapter. All suits against the surety after this time are barred. As added by […]
4-13.6-7-12. Construction of Chapter With Other Laws
Sec. 12. This chapter is intended to supplement all other laws protecting labor, subcontractors, or suppliers and shall not be construed as conflicting with them. As added by P.L.24-1985, SEC.7.
4-13.6-7-2. Contract Provisions for Retainage of Payments; Escrow Accounts and Agreements
Sec. 2. (a) If the estimated cost of a public works project is one million dollars ($1,000,000) or more, the division shall include as part of the public works contract provisions for the retainage of portions of payments by the division to the contractor, by the contractor to subcontractors, and for the payment of subcontractors […]
4-13.6-7-3. Amount of Retainage Withheld
Sec. 3. (a) To determine the amount of retainage to be withheld, the division shall elect one (1) of the following options: (1) To withhold no more than six percent (6%) of the dollar value of all work satisfactorily completed until the public work is fifty percent (50%) complete, and nothing further after that. (2) […]
4-13.6-7-4. Payment of Subcontractors and Suppliers; Certification of Previous Payments; Incorrect Certification
Sec. 4. (a) Within ten (10) days of receipt of any payment by the state or the escrow agent, the contractor or escrow agent shall pay each subcontractor and each supplier the appropriate share of the payment the contractor received based upon the service performed by the subcontractor or the materials received from the supplier. […]
4-13.6-7-5. Bid Bonds
Sec. 5. (a) The director: (1) may require each contractor of a public works project with an estimated cost of not more than two hundred thousand dollars ($200,000); and (2) shall require each contractor of a public works project with an estimated cost of more than two hundred thousand dollars ($200,000); to submit a good […]
4-13.6-7-6. Payment Bonds
Sec. 6. (a) If the estimated cost of the public works project is more than two hundred thousand dollars ($200,000), the division shall require the contractor to execute a good and sufficient payment bond to the department for the state in an amount equal to one hundred percent (100%) of the total contract price. The […]
4-13.6-7-7. Performance Bonds
Sec. 7. (a) If the estimated cost of the public works project is: (1) at least two hundred thousand dollars ($200,000), the division shall; or (2) less than two hundred thousand dollars ($200,000), the division may; require the contractor to execute a good and sufficient performance bond to the department for the state in an […]
4-13.6-7-8. Final Settlement With Contractor
Sec. 8. (a) Except for amounts withheld: (1) from the contractor under section 3 of this chapter for uncompleted minor items; and (2) under subsection (b); the division may make a full, final, and complete settlement with a contractor, including providing for full payment of all escrowed principal and escrowed income, not later than sixty-one […]
4-13.6-7-9. Payment of Subcontractors and Suppliers by Division; Proration of Claims; Disputed Claims
Sec. 9. (a) If a subcontractor or a supplier files a claim with the division under section 10 of this chapter, and the claim is undisputed, the division shall: (1) pay the claimant from the amounts retained from the contractor under section 2 of this chapter; (2) take a receipt for each payment; and (3) […]