Indiana Code
Chapter 12. Public Work Projects
36-1-12-1. Application of Chapter; Alternatives to Chapter

Sec. 1. (a) Except as provided in this section, this chapter applies to all public work performed or contracted for by:
(1) political subdivisions; and
(2) their agencies;
regardless of whether it is performed on property owned or leased by the political subdivision or agency.
(b) This chapter does not apply to an officer or agent who, on behalf of a municipal utility or a conservancy district described in IC 14-33-1-1(a)(4) or IC 14-33-1-1(a)(5), maintains, extends, and installs services of the utility or district if the necessary work is done by the employees of the utility or district.
(c) This chapter does not apply to hospitals organized or operated under IC 16-22-1 through IC 16-22-5 or IC 16-23-1, unless the public work is financed in whole or in part with cumulative building fund revenue.
(d) This chapter does not apply to tax exempt Indiana nonprofit corporations leasing and operating a city market owned by a political subdivision.
(e) As an alternative to this chapter, the governing body of a political subdivision or its agencies may do the following:
(1) Enter into a design-build contract as permitted under IC 5-30.
(2) Participate in a utility efficiency program or enter into a guaranteed savings contract as permitted under IC 36-1-12.5.
(f) This chapter does not apply to a person that has entered into an operating agreement with a political subdivision or an agency of a political subdivision under IC 5-23.
(g) This chapter does not apply to the extension or installation of utility infrastructure by a private developer of land if all the following apply:
(1) A municipality will acquire for the municipality's municipally owned utility all of the utility infrastructure that is to be extended or installed.
(2) Not more than fifty percent (50%) of the total construction costs for the utility infrastructure to be extended or installed, including any increased costs that result from any construction specifications that:
(A) are required by the municipality; and
(B) specify a greater service capacity for the utility infrastructure than would otherwise be provided for by the private developer;
will be paid for out of a public fund or out of a special assessment.
(3) The private developer agrees to comply with all local ordinances and engineering standards applicable to the construction, extension, or installation of the utility infrastructure.
[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]
As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.182-1985, SEC.16; P.L.214-1989, SEC.7; P.L.24-1993, SEC.5; P.L.2-1993, SEC.199; P.L.1-1994, SEC.173; P.L.82-1995, SEC.12; P.L.49-1997, SEC.73; P.L.168-2006, SEC.2; P.L.71-2009, SEC.4; P.L.99-2009, SEC.3; P.L.1-2010, SEC.145; P.L.91-2017, SEC.9; P.L.177-2021, SEC.14.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 1. General Provisions

Chapter 12. Public Work Projects

36-1-12-0.1. Application of Certain Amendments to Chapter

36-1-12-1. Application of Chapter; Alternatives to Chapter

36-1-12-1.2. Definitions

36-1-12-1.4. Repealed

36-1-12-1.6. Repealed

36-1-12-2. "Public Work"

36-1-12-2.2. Repealed

36-1-12-2.4. Repealed

36-1-12-2.6. Repealed

36-1-12-3. Public Work Projects

36-1-12-3.5. Contracts for Engineering, Architectural, or Accounting Services; Applicability of Restrictions of General Statutes

36-1-12-4. Bidding Procedures for Projects Costing More Than Certain Amounts

36-1-12-4.5. Bond or Certified Check; Filing by Bidders

36-1-12-4.7. Procedures for Inviting Quotes; Applicable Dollar Amounts

36-1-12-4.9. Alternate Procedures for Projects Costing Less Than $150,000

36-1-12-5. Procedures for Inviting Quotes; Applicable Dollar Amount

36-1-12-6. Contracts; Notice to Proceed; Failure to Award and Execute Contract and to Issue Notice; Election by Bidder to Reject Contract

36-1-12-7. Public Buildings; Approval of Plans and Specifications by Licensed Architect or Engineer

36-1-12-8. Road, Street, or Bridge Work; Open Price Provisions; Price Adjustments of Materials; Limitations

36-1-12-9. Emergencies; Contracts by Invitation

36-1-12-10. Plans and Specifications; Approval by Various Agencies

36-1-12-11. Completion of Project; Procedure

36-1-12-12. Final Payment; Requirements; Claims by Subcontractors, Laborers, or Suppliers; Disputes

36-1-12-13. Contract Provision for Payment of Subcontractors, Laborers, or Suppliers

36-1-12-13.1. Payment Bond for Public Work Projects in Excess of $200,000; Claims; Suits on Bond; Waiver of Payment Bond

36-1-12-14. Contracts in Excess of $200,000; Retaining Portions of Payments; Escrow Agreements; Performance Bonds; Payment on Substantial Completion; Actions Against Surety Contracts Less Than $250,000

36-1-12-15. Contractor Requirements; Antidiscrimination Provisions

36-1-12-16. Necessity of Compliance With Chapter

36-1-12-17. Road or Street Work Contracts; Timely Payment of Claims; Final Payment; Interest for Late Payment

36-1-12-18. Change or Alteration of Specifications; Change Orders

36-1-12-19. Dividing Cost of a Single Public Work Project Into Two or More Projects; Prohibition; Penalty

36-1-12-20. Trench Safety Systems; Cost Recovery

36-1-12-21. Plumbing Installations; Proof of Licensure

36-1-12-22. Repealed

36-1-12-23. Application of Ic 5-22-16.5 to Award of Contracts Under Article

36-1-12-24. Drug Testing of Employees of Public Works Contractors; Requirements for Use of Previously Filed Employee Drug Testing Program