§ 14-26-8-59 — Lien for labor and materials

(a) Each subcontractor, laborer, and other
person who performs labor or another service or furnishes material that
is used in the construction of or incorporated in work under this
chapter, including board for laborers and all fuel, oil, and grease used
in the operation of machinery used in the construction work, has a lien
upon the fund raised for the payment of the work. The lien attaches if
written notice is filed with the surveyor:
(1) within sixty (60) days of furnishing the labor or material; and
(2) that states the amount due and describes the article furnished.
(b) After the receipt of notice under subsection (a), the surveyor
shall withhold payment to the contractor for the work in an amount
sufficient to satisfy the lien until the amount is adjusted and paid.
(c) If a contractor and a person claiming a lien disagree on the
amount or validity of the lien, the court ordering the construction of the
work shall, upon motion of the surveyor, contractor, or person claiming
the lien, determine the amount to be paid. The surveyor may pay the
amount determined, and on payment the surveyor is released from all
liability concerning the payment.
(d) If the surveyor fails to comply with this section, the surveyor is
liable on the surveyor's bond for the amount improperly paid over to
the contractor.
[Pre-1995 Recodification Citation: 13-2-18-21.]

Legislative History

As added by P.L.1-1995, SEC.19.