Indiana § 5-16-5.5-1 Definitions

Indiana Statutes

§ 5-16-5.5-1 — Definitions

Indiana § 5-16-5.5-1

Title 5STATE AND LOCAL ADMINISTRATION

Art. 16PUBLIC WORKS

Ch. 5.5Retainage, Bonds, and Payment of Contractors and

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Bluebook

Ind. Code § 5-16-5.5-1 (2026).

Text

As used in this chapter:
"State agency" means the state of Indiana or any commission or
agency created by law.
"Agent" shall include any board, commission, trustee, officer or
agent which acts on behalf of a state agency.
"Public building", "public work" and "public improvement" or
combinations thereof shall be construed to include all buildings, work
or improvements the cost of which is paid for from public funds but
shall not include highways, roads, streets, alleys, bridges and
appurtenant structures situated on streets, alleys, railroad projects (as
defined in IC 8-5-15-1) and dedicated highway rights-of-way.
"Substantial completion" shall be construed to mean the date when
the construction of a structure or building is sufficiently completed, in
accordance with the plans and specifica

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As used in this chapter:
"State agency" means the state of Indiana or any commission or
agency created by law.
"Agent" shall include any board, commission, trustee, officer or
agent which acts on behalf of a state agency.
"Public building", "public work" and "public improvement" or
combinations thereof shall be construed to include all buildings, work
or improvements the cost of which is paid for from public funds but
shall not include highways, roads, streets, alleys, bridges and
appurtenant structures situated on streets, alleys, railroad projects (as
defined in IC 8-5-15-1) and dedicated highway rights-of-way.
"Substantial completion" shall be construed to mean the date when
the construction of a structure or building is sufficiently completed, in
accordance with the plans and specifications, as modified by any
completed change orders agreed to by the parties, so that the state
agency can occupy the structure or building for the use for which it was
intended. Furthermore, the warranty period shall commence no later
than the date of substantial completion.
"Contractor" shall mean any person, firm, limited liability company,
or corporation who is party to a contract with a state agency to
construct, erect, alter or repair any public building or is any way
involved in public work or public improvement.
"Subcontractor" shall mean and include any person, firm, limited
liability company, or corporation who is a party to a contract with the
contractor and who furnishes and performs on-site labor on any public
building, work or improvement. It also shall include materialmen who
supply contractors or subcontractors as contained in this chapter.
"Retainage" means any amount to be withheld from any payment to
a contractor or subcontractor pursuant to the terms of a contract until
the occurrence of a specified event.
"Escrowed principal" shall mean the value of all cash and securities
or other property at the time placed in an escrow account.
"Escrowed income" shall mean the value of all property held in an
escrow account over the escrowed principal in such account.
Formerly: Acts 1972, P.L.44, SEC.1. As amended by Acts 1977,
P.L.60, SEC.1; Acts 1981, P.L.57, SEC.12; P.L.8-1993, SEC.64;
P.L.160-2006, SEC.5; P.L.136-2018, SEC.36.