§ 24-1-2-4 — Collusion among contract bidders; civil action by principal; action by attorney general

Indiana § 24-1-2-4

• Jurisdiction: Indiana
• Art. 1: COMBINATIONS IN RESTRAINT OF TRADE
• Ch. 2: Combinations Restraining Trade

Text

If there shall be collusion or fraud of any kind
or character among the bidders at the letting of any contract or work as
provided in section 3 of this chapter, then the principal who lets the
contract or work, or for whom the contract was let, shall not be liable
for such letting or on account of said contract or work, or any part
thereof, to the successful bidder to whom the contract or work was let,
his successors or assigns, if such successful bidder be a party, directly
or indirectly, to such collusion or fraud on such contract or letting, or
for any work, materials furnished, or thing done in discharge thereof or
with reference thereto, and if before notice of such collusion or fraud
payment or partial payment thereon or therefor shall have been made,
such principal may at any time within five (5) years from the date of the
last payment made thereon or therefor in an appropriate action in any
court of competent jurisdiction in this state recover to the full amount
of such payment or payments with interest to date of judgment thereon,
and attorney's fees, against such successful bidder, and such recovery
shall not be a bar to any action, either civil or criminal, brought against
such bidder on account of any violation of this chapter on behalf of the
state by the attorney general, a prosecuting attorney, or otherwise.
Formerly: Acts 1907, c.243, s.4. As amended by P.L.152-1986,
SEC.6.