§ 8-23-9-37 — Claims against contractors; retention of security for protection of claimant

Indiana § 8-23-9-37

• Jurisdiction: Indiana
• Art. 23: INDIANA DEPARTMENT OF
• Ch. 9: State Highway Contracts; General Powers

Text

Upon the filing of an action and the receipt of
a certificate under section 36 of this chapter, the department shall hold
the money, security, or other thing held by the department for the
protection of the claim, until the final determination of the action. If it
is adjudged that a part of the claim is due to the person, firm, limited
liability company, or corporation, the department shall pay to the clerk
of the court rendering judgment out of the cash retained for the
claimant the amount retained by the department for the purpose. If the
department retained for the protection of the claimant a check, bond,
or security other than cash, the department shall notify the claimant of
the fact. The claimant shall be subrogated to the rights of the
department in the check, bond, or security other than cash, to the
amount of the judgment, which rights the claimant may enforce in an
appropriate action.

Legislative History

As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993, SEC.161.