reglab/housing_qa huggingface dataset:
IN Code § 5-16-5.5-2 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors|5-16-5.5-2. Contracts Governed by This Chapter

Sec. 2. To the extent that this chapter is applicable, all contracts between a contractor and a state agency concerning any public building, work, or improvement entered into after May 1, 1972, and which contracts are in excess of two hundred thousand dollars ($200,000) are to be governed by the provisions of this chapter, as are the rights and duties among the parties to the contract and any subcontractors who do any work under the contract. A state agency may elect to have a contract that is for not more than two hundred thousand dollars ($200,000) be governed by this chapter. All contracts governed by the provisions of this chapter shall include provisions for the retainage of portions of payments by a state agency to contractors, by contractors to subcontractors, and for the payment of subcontractors.Formerly: Acts 1972, P.L.44, SEC.1. As amended by P.L.25-1986, SEC.91; P.L.133-2007, SEC.6.
IN Code § 5-16-5.5-3 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors|5-16-5.5-3. Retainage; Escrow Agreement

Sec. 3. Any state agency which enters into a contract for any public building, work or improvement, and any contractor subcontracting portions of such contract, which contracts contain provision for retainage shall include in their respective contracts a provision that at the time any retainage is withheld, the state agency and/or contractor shall place such retainage in an escrow account, with a bank, savings and loan institution, or the State of Indiana or an instrumentality thereof, as escrow agent selected by mutual agreement between the affected contract parties, pursuant to a written agreement among the bank or savings and loan institution, the state agency, and the contractor as appropriate. The escrow agreement shall provide as follows:(a) The escrow agent shall promptly invest all escrowed principal in such obligations as shall be selected by the escrow agent in its discretion.(b) The escrow agent shall hold the escrowed principal and income until receipt of notice from the state agency and the contractor, or the contractor and the subcontractor, specifying the portion or portions of the escrowed principal to be released from the escrow and the person or persons to whom such portion or portions are to be released. Upon receipt of such notice the escrow agent shall promptly remit the designated portion of escrowed principal and the same proportion of then escrowed income to such person or persons.(c) The escrow agent shall be compensated for its services as the parties may agree on a commercially reasonable fee commensurate with fees then being charged for the handling of escrow accounts of like size and duration. The fee must be paid from the escrowed income of the escrow account.(d) The agreement may include such other terms and conditions not inconsistent with the foregoing paragraphs (a), (b) and (c) including but not limited to provisions authorizing the escrow agent to commingle the escrowed funds with funds held pursuant to other escrow agreements and limiting the liability of the escrow agent.Formerly: Acts 1972, P.L.44, SEC.1. As amended by Acts 1977, P.L.60, SEC.2.
IN Code § 5-16-5.5-3.1 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors|5-16-5.5-3.1. Escrow Accounts; Establishment and Maintenance; Fee; Schedule

Sec. 3.1. The treasurer of state may charge a reasonable fee for services that the treasurer renders in connection with the establishment and administration of escrow accounts. If the treasurer charges such fee, the treasurer shall prepare a fee schedule and make it available to the contractor. Any fee must be paid by the contractor at the time the escrow account is established.As added by P.L.69-1987, SEC.1.
IN Code § 5-16-5.5-3.5 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors|5-16-5.5-3.5. Retainage; Options to Determine Amount

Sec. 3.5. (a) To determine the amount of retainage to be withheld, a state agency shall elect one (1) of the following options:(1) Withhold no more than ten percent (10%) nor less than six percent (6%) of the dollar value of all work satisfactorily completed until the public work is fifty percent (50%) complete, and nothing further after that.(2) Withhold no more than five percent (5%) nor less than three percent (3%) of the dollar value of all work satisfactorily completed until the public work is substantially complete.(b) If upon substantial completion of the work there are any remaining uncompleted minor items, an amount computed under section 6 of this chapter shall be withheld until those items are completed.As added by Acts 1980, P.L.33, SEC.1. Amended by P.L.133-2007, SEC.7.
IN Code § 5-16-5.5-4 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors|5-16-5.5-4. Performance Bond; Incremented Bonding; Release or Discharge of Surety; Waiver of Bond Requirements for Certain State Educational Institution Projects

Sec. 4. (a) This section does not apply to a contract entered into by a state educational institution if:(1) the amount to be paid under the contract is less than five hundred thousand dollars ($500,000); and(2) the state educational institution agrees to waive the requirement.(b) At the time of entering into any contract covered by the provisions of this chapter, the contractor shall furnish a valid performance bond which is acceptable to the state agency involved in an amount equal to the contractor's total contract price. If it is acceptable to the state agency involved, this performance bond may provide for incremental bonding in the form of multiple or chronological bonds which, when taken as a whole, equal the total contract price.(c) The surety on the bond shall not be released for a period of one (1) year after final settlement with the contractor. No change, modification, omission or addition in and to the terms or conditions of said contract, plans, specifications, drawings or profile or any irregularity or defect in said contract or in the proceedings preliminary to the letting and awarding thereof shall in any way affect or operate to release or discharge the surety.Formerly: Acts 1972, P.L.44, SEC.1. As amended by Acts 1978, P.L.15, SEC.3; P.L.135-2017, SEC.2.
IN Code § 5-16-5.5-5 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors|5-16-5.5-5. Payment of Subcontractor; Certification of Receipt

Sec. 5. 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.
IN Code § 5-16-5.5-6 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors|5-16-5.5-6. Payment of Contractor; Uncompleted Minor Items

Sec. 6. The contractor shall be paid in full including all escrowed principal and escrowed income by the state agency and escrow agent within sixty-one (61) days following the date of substantial completion, subject to IC 5-16-5. If at that time there are any remaining uncompleted minor items, an amount equal to two hundred percent (200%) of the value of each item as determined by the architect-engineer shall be withheld until said item or items are completed.Formerly: Acts 1972, P.L.44, SEC.1. As amended by P.L.86-2018, SEC.20.
IN Code § 5-16-5.5-7 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors|5-16-5.5-7. Suit Against Surety; Time Limitation

Sec. 7. All suits must be brought against a surety on a bond required by this chapter within one (1) year after the completion of the work or service in question.Formerly: Acts 1972, P.L.44, SEC.1.
IN Code § 5-16-5.5-8 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors|5-16-5.5-8. Conflicting Laws

Sec. 8. This chapter shall not be construed as conflicting with any other laws for the protection of labor, subcontractors or materialmen, but is supplemental thereto.Formerly: Acts 1972, P.L.44, SEC.1.
IN Code § 5-16-6-1 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 6. Discrimination by Contractors and Subcontractors Prohibited|5-16-6-1. Contract Provisions; Antidiscrimination Clauses

Sec. 1. Every contract for or on behalf of the state of Indiana or any of the municipal corporations thereof, for the construction, alteration, or repair of any public building or public work in the state of Indiana shall contain provisions by which the contractor agrees:(a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, or subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, religion, color, sex, national origin or ancestry, discriminate against any citizen of the state of Indiana who is qualified and available to perform the work to which the employment relates;(b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, religion, color, sex, national origin or ancestry;(c) That there may be deducted from the amount payable to the contractor by the state of Indiana or by any municipal corporation thereof, under this contract, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; and(d) That this contract may be cancelled or terminated by the state of Indiana or by any municipal corporation thereof, and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract.Formerly: Acts 1933, c.270, s.1; Acts 1975, P.L.27, SEC.2.
IN Code § 5-16-6.5-1 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 6.5. Minority Business Certification|5-16-6.5-1. "Disadvantaged Business Enterprise" Defined

Sec. 1. As used in this chapter, "disadvantaged business enterprise" means a minority business enterprise as defined in IC 4-13-16.5-1.As added by P.L.70-1987, SEC.1.
IN Code § 5-16-6.5-2 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 6.5. Minority Business Certification|5-16-6.5-2. "Public Agency" Defined

Sec. 2. As used in this chapter, "public agency" includes the following:(1) A political subdivision as defined in IC 36-1-2-13.(2) A municipally owned utility.(3) A lessor corporation leasing a school building to a school corporation under IC 20-47-2 or IC 20-47-3.(4) A lessor corporation constructing a public facility to be leased to a political subdivision.(5) A state agency.(6) Any entity established by the general assembly as a body corporate and politic.As added by P.L.70-1987, SEC.1. Amended by P.L.2-2006, SEC.30.
IN Code § 5-16-6.5-3 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 6.5. Minority Business Certification|5-16-6.5-3. "Women-Owned Business Enterprise" Defined

Sec. 3. As used in this chapter, "women-owned business enterprise" means a business that is at least fifty-one percent (51%) owned and controlled (as defined in IC 4-13-16.5-1) by a woman or women.As added by P.L.70-1987, SEC.1.
IN Code § 5-16-6.5-4 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 6.5. Minority Business Certification|5-16-6.5-4. False Representations by Contractor to Public Agency; Breach of Contract

Sec. 4. A contractor who, knowingly or intentionally, falsely represents to a public agency that the contractor:(1) is a disadvantaged business enterprise or a women-owned business enterprise; or(2) will use the services or commodities of a disadvantaged business enterprise or a women-owned business enterprise;is in breach of contract.As added by P.L.70-1987, SEC.1.
IN Code § 5-16-6.5-5 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 6.5. Minority Business Certification|5-16-6.5-5. Penalties for Breach of Contract

Sec. 5. (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.As added by P.L.70-1987, SEC.1. Amended by P.L.71-1989, SEC.1.
IN Code § 5-16-6.5-6 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 6.5. Minority Business Certification|5-16-6.5-6. Bidding Restrictions on Contractors Breaching Contracts

Sec. 6. If a contractor commits a breach of contract under section 4 of this chapter, the contractor is prohibited from bidding on contracts awarded by any public agency for up to thirty-six (36) months. The public agency shall determine the period of time during which the contractor is prohibited from bidding on contracts under this section.As added by P.L.70-1987, SEC.1. Amended by P.L.71-1989, SEC.2.
IN Code § 5-16-7.1-1 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 7.1. Effect of Repeal of Common Construction Wage Statute (Ic 5-16-7)|5-16-7.1-1. "Common Construction Wage Statute"

Sec. 1. As used in this chapter, "common construction wage statute" refers to the following:(1) IC 5-16-7, as in effect on June 30, 2015.(2) Any statute, as in effect on June 30, 2015, if IC 5-16-7 is applicable.As added by P.L.252-2015, SEC.10.
IN Code § 5-16-7.1-2 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 7.1. Effect of Repeal of Common Construction Wage Statute (Ic 5-16-7)|5-16-7.1-2. Application and Enforcement of Common Construction Wage Statute After Its Repeal

Sec. 2. Notwithstanding the repeal of the common construction wage statute by legislation enacted in the 2015 regular session of the general assembly, the common construction wage statute applies to a public works contract awarded before July 1, 2015, and shall be enforced as if the common construction wage statute had not been repealed.As added by P.L.252-2015, SEC.10.
IN Code § 5-16-7.2-1 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 7.2. Wage Scales for Public Works Projects|5-16-7.2-1. Application of Chapter

Sec. 1. (a) This chapter applies to a public works contract awarded by a public agency after June 30, 2015.(b) This chapter does not apply to contracts awarded by the Indiana department of transportation when IC 8-23-9 applies.As added by P.L.252-2015, SEC.11.
IN Code § 5-16-7.2-2 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 7.2. Wage Scales for Public Works Projects|5-16-7.2-2. "Applicable Public Works Statute"

Sec. 2. As used in this chapter, "applicable public works statute" refers to whichever of the following statutes is applicable to public works projects of the public agency:(1) IC 4-13.6.(2) This article.(3) IC 36-1-12.(4) Any other statute applicable to the public works projects of the public agency.As added by P.L.252-2015, SEC.11.
IN Code § 5-16-7.2-3 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 7.2. Wage Scales for Public Works Projects|5-16-7.2-3. "Public Agency"

Sec. 3. As used in this chapter, "public agency" has the meaning set forth in IC 5-30-1-11.As added by P.L.252-2015, SEC.11.
IN Code § 5-16-7.2-4 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 7.2. Wage Scales for Public Works Projects|5-16-7.2-4. "Public Works Project"

Sec. 4. As used in this chapter, "public works project" refers to a construction project governed by an applicable public works statute.As added by P.L.252-2015, SEC.11.
IN Code § 5-16-7.2-5 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 7.2. Wage Scales for Public Works Projects|5-16-7.2-5. Prohibition Against Public Agency Establishing, Mandating, or Requiring Wage Scale or Schedule for Public Works Project

Sec. 5. Unless federal or state law provides otherwise, a public agency may not:(1) establish;(2) mandate; or(3) otherwise require;a wage scale or wage schedule for a public works contract awarded by the public agency.As added by P.L.252-2015, SEC.11.
IN Code § 5-16-8-1 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 8. Steel Procurement for Public Works|5-16-8-1. Definitions

Sec. 1. (a) The definitions in this section apply throughout this chapter.(b) "Foundry products" means products cast from ferrous and nonferrous metals by foundries in the United States.(c) "Person" means a natural person, corporation, limited liability company, partnership, or other business unit or association.(d) "Public agency" means:(1) the state of Indiana;(2) a department, agency, board, commission, or institution of the state of Indiana; or(3) a county, city, township, school or conservancy district, or other governmental unit or district;that receives public bids for construction or other public works under Indiana law.(e) "Steel products" means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed, or processed by a combination of two (2) or more of such operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer, or other steel making process.(f) "United States" refers to the United States of America. The term includes all territory, continental or insular, subject to the jurisdiction of the United States.As added by Acts 1978, P.L.27, SEC.1. Amended by P.L.8-1993, SEC.66; P.L.6-2007, SEC.1; P.L.3-2008, SEC.30.
IN Code § 5-16-8-2 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 8. Steel Procurement for Public Works|5-16-8-2. Public Agency Contract Provisions; Rules for Determining Reasonable Pricing

Sec. 2. (a) Each public agency shall require that every contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works contain a provision that, if any steel or foundry products are to be used or supplied in the performance of the contract or subcontract, only steel or foundry products made in the United States shall be used or supplied in the performance of the contract or any of the subcontracts unless the head of the public agency determines, in writing, that the cost of steel or foundry products is considered to be unreasonable.(b) The head of each public agency shall issue rules which provide that, for purposes of subsection (a), the bid or offered price of any steel or foundry products of domestic origin is not considered unreasonable if the price does not exceed the sum of:(1) the bid or offered price of like steel or foundry products of foreign origin (including any applicable duty); plus(2) a differential of fifteen percent (15%) of the bid or offered price of the steel or foundry products of foreign origin.However, the fifteen percent (15%) differential provided by subdivision (2) may be increased to twenty-five percent (25%), if the head of the public agency determines that use of steel or foundry products of domestic origin would benefit the local or state economy through improved job security and employment opportunity. Whenever the head of a public agency determines that the differential should be increased above fifteen percent (15%) for a particular project, the head of the agency shall file a report with the governor and the legislative services agency detailing the reasons for such determination and the probable impact on the economy of the use of domestic steel or foundry castings in the project. A report filed under this subsection with the legislative services agency must be in an electronic format under IC 5-14-6.As added by Acts 1978, P.L.27, SEC.1. Amended by Acts 1981, P.L.59, SEC.1; P.L.28-2004, SEC.59; P.L.6-2007, SEC.2.
IN Code § 5-16-8-3 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 8. Steel Procurement for Public Works|5-16-8-3. Payment Contingent Upon Compliance; Recovery of Payments Made Upon Noncomplying Contracts

Sec. 3. A public agency may not authorize or make any payments to a person under a contract containing the provision required by section 2 of this chapter unless the public agency is satisfied that such person has fully complied with that provision. Payments made to a person by a public agency which should not have been made as a result of this section shall be recoverable directly from the contractor or subcontractor who did not comply with section 2 of this chapter by the attorney general upon suit filed in the circuit court, superior court, or probate court of the county in which the contract was executed or performed.As added by Acts 1978, P.L.27, SEC.1. Amended by P.L.84-2016, SEC.27.
IN Code § 5-16-8-4 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 8. Steel Procurement for Public Works|5-16-8-4. Nonapplicability to Steel Products in Insufficient Supply

Sec. 4. This chapter does not apply if the head of the public agency determines, in writing, that steel or foundry products are not produced in the United States in sufficient quantities to meet the requirements of the contract.As added by Acts 1978, P.L.27, SEC.1. Amended by P.L.6-2007, SEC.3.
IN Code § 5-16-8-5 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 16. Public Works|Chapter 8. Steel Procurement for Public Works|5-16-8-5. Purpose and Construction of Chapter

Sec. 5. This chapter is designed to promote the general welfare of the people of this state and is supplemental to all laws concerning public works and shall be liberally construed to fully effectuate its purposes.As added by Acts 1978, P.L.27, SEC.1.