§ 5-16-6.5-5 — Penalties for breach of contract

Indiana § 5-16-6.5-5

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 16: PUBLIC WORKS
• Ch. 6.5: Minority Business Certification

Text

(a) If a breach of contract occurs under section
4 of this chapter, the public agency shall suspend all payments to the
contractor under that contract unless it determines that the contractor
made a good faith effort to avoid the breach but was unable to do so.
(b) If the public agency determines that the contractor did not act to
avoid the breach, it may:
(1) rescind the contract and recover all amounts paid under it if
the breach occurs under section 4(1) of this chapter;
(2) recover all amounts paid to the contractor under the contract
that were intended for expenditure with a disadvantaged business
enterprise or a women owned business enterprise if the breach
occurred under section 4(2) of this chapter; or
(3) employ any legal or administrative remedies that the agency
prescribes by rule or in the contract.

Legislative History

As added by P.L.70-1987, SEC.1. Amended by P.L.71-1989, SEC.1.