§ 4-13.6-7-4 — Payment of subcontractors and suppliers; certification of previous payments; incorrect certification

Indiana § 4-13.6-7-4

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

Text

(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.
(b) The contractor shall furnish to the division a sworn statement or
certification at the time of payment to it that all subcontractors and
suppliers have received their share of the previous payment to the
contractor.
(c) If a contractor makes an incorrect certification, the department
may do any of the following:
(1) Consider the incorrect certification a breach of contract and do
any of the following:
(A) Cancel the contract.
(B) Collect from the contractor all funds paid to the contractor
under the contract.
(C) Exercise all of the state's rights set out in the contract.
(2) Pursue remedies against the contractor for falsifying an
affidavit.
(3) Revoke the contractor's qualification under IC 4-13.6-4-13(b).
(4) Use the incorrect certification as a basis for finding the
contractor not responsible when awarding other contracts.

Legislative History

As added by P.L.24-1985, SEC.7. Amended by P.L.5-1993, SEC.12.