Indiana § 36-10-9-6.5 Prohibition on certain contract limitations for a project

Indiana Statutes

§ 36-10-9-6.5 — Prohibition on certain contract limitations for a project

Indiana § 36-10-9-6.5

Title 36LOCAL GOVERNMENT

Art. 10RECREATION, CULTURE, AND COMMUNITY

Ch. 9Marion County Capital Improvement Board

This text of Indiana § 36-10-9-6.5 (Prohibition on certain contract limitations for a project) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-10-9-6.5 (2026).

Text

5.

(a)The following definitions apply throughout this section:

(1)"Contract" includes a lease or other agreement.

(2)"Contract limitation" refers to a bid specification, project agreement, lease provision, or other contract document that does any of the following:

(A)Requires a bidder, offeror, or contractor in any contractor tier to enter into or adhere to an agreement with a labor organization relating to a project.

(B)Prohibits a bidder, offeror, or contractor in any contractor tier from entering into or adhering to an agreement with a labor organization relating to a project.

(C)Discriminates against a bidder, offeror, or contractor in any contractor tier for any of the following:

(i)Becoming or remaining a signatory to an agreement with a labor organization relating to a projec

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5. (a) The following definitions apply
throughout this section:
(1) "Contract" includes a lease or other agreement.
(2) "Contract limitation" refers to a bid specification, project
agreement, lease provision, or other contract document that does
any of the following:
(A) Requires a bidder, offeror, or contractor in any contractor
tier to enter into or adhere to an agreement with a labor
organization relating to a project.
(B) Prohibits a bidder, offeror, or contractor in any contractor
tier from entering into or adhering to an agreement with a labor
organization relating to a project.
(C) Discriminates against a bidder, offeror, or contractor in any
contractor tier for any of the following:
(i) Becoming or remaining a signatory to an agreement with
a labor organization relating to a project.
(ii) Refusing to become or remain a signatory to an
agreement with a labor organization relating to a project.
(iii) Adhering or refusing to adhere to an agreement with a
labor organization relating to a project.
(3) "Project" refers to a project of the board for the construction
or lease of a facility and all buildings, facilities, structures, and
improvements related to that facility to be financed in whole or in
part from funds derived from the establishment of a tax area under
IC 36-7-31.5.
(4) "Public benefit" refers to a grant, a tax abatement, a tax credit,
or establishment or use of tax area revenues related to a project.
(b) A contract under this chapter or another law relating to a project
may not require a contractor or subcontractor to enter into a contract
limitation as a condition of being awarded and performing work on the
contract. Any such provision is void.
(c) A public entity may not award a public benefit that is
conditioned upon a requirement that the person awarded the public
benefit include a contract limitation in a contract document related to
a project. Any such provision is void.