§ 5-16-5.5-5 — Payment of subcontractor; certification of receipt

Indiana § 5-16-5.5-5

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 16: PUBLIC WORKS
• Ch. 5.5: Retainage, Bonds, and Payment of Contractors and

Text

Within ten (10) days of the receipt of any
payment by the state agency or escrow agent, the contractor or escrow
agent shall pay all subcontractors with whom he has contracted their
share of the payment the contractor received based upon the service
performed by the subcontractor. The contractor shall furnish upon
request a sworn statement or certification at the time of payment to him
that the subcontractor has received his share of the previous payment
to the contractor. The making of an incorrect certification may be
considered a breach of contract by the state agency, and it may exercise
all of its prerogatives set out in the contract in addition to the remedies
for falsifying an affidavit. Such an action may also result in a
suspension of prequalification with the certification board established
under IC 4-13.6-3-3.
Formerly: Acts 1972, P.L.44, SEC.1. As amended by
P.L.33-1983, SEC.16; P.L.24-1985, SEC.15.