§ 4-13.6-7-10 — Claims of subcontractors and suppliers; verification; notice to contractors and sureties; actions upon bond

Indiana § 4-13.6-7-10

• Jurisdiction: Indiana
• Art. 13.6: STATE PUBLIC WORKS
• Ch. 7: Bonding, Escrow, and Retainages

Text

(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 to a
public works project must file a verified claim with the division and
deliver a copy of the claim to the contractor not later than sixty (60)
days after the date the last labor was performed, the last material was
furnished, or the last service was rendered by that subcontractor or
supplier. The claim shall state the amount due and owing to the person
and shall give as much detail explaining the claim as possible. The
division shall notify the contractor of any filed claims before taking
action under section 9 of this chapter.
(b) In order to proceed against the bond of the contractor required
under section 6 of this chapter, the claimant must notify the surety of
the contractor by sending a copy of the claim required by subsection (a)
to the surety company. The claimant shall also inform the division and
the contractor that the surety has been notified. The division shall
supply the claimant with any information the claimant requires to
notify the surety and the contractor.
(c) The claimant may not file suit against the contractor's surety on
the contractor's bond before thirty (30) days after filing of the claim
with the division and delivering a copy of the claim to the contractor.
If the claim is not paid in full at the expiration of the thirty (30) day
period, the claimant may bring an action in a court of competent
jurisdiction in the claimant's own name upon the bond.

Legislative History

As added by P.L.24-1985, SEC.7. Amended by P.L.75-2012, SEC.3.