§ 8-23-9-34 — Claims against contractors; filing of actions

Whenever a claim has been filed under this
chapter with the department by a person, firm, limited liability
company, or corporation who has performed labor or furnished material
or other service in the construction, repair, or maintenance of a
highway or bridge in the state highway system, or in the construction,
repair, or renovation of a building or structure used by the department,
and against a contractor with the department, the department shall
notify the person, firm, limited liability company, or corporation filing
the claim that within ninety (90) days after the date of the notice the
person, firm, limited liability company, or corporation must proceed by
an action at law in a court of competent jurisdiction against the
contractor or the surety on the contract bond of the contractor for the
collection of the amount of the claim.

Legislative History

As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993, SEC.158.