Sec. 1.2. The following definitions apply throughout this chapter:
(1) "Board" means the board or officer of a political subdivision or an agency having the power to award contracts for public work.
(2) "Contractor" means a person who is a party to a public work contract with the board.
(3) "Subcontractor" means a person who is a party to a contract with the contractor and furnishes and performs labor on the public work project. The term includes material men who supply contractors or subcontractors.
(4) "Escrowed income" means the value of all property held in an escrow account over the escrowed principal in the account.
(5) "Escrowed principal" means the value of all cash and securities or other property placed in an escrow account.
(6) "Operating agreement" has the meaning set forth in IC 5-23-2-7.
(7) "Person" means any association, corporation, limited liability company, fiduciary, individual, joint venture, partnership, sole proprietorship, or any other legal entity.
(8) "Property" means all:
(A) personal property, fixtures, furnishings, inventory, and equipment; and
(B) real property.
(9) "Public fund" means all funds that are:
(A) derived from the established revenue sources of a political subdivision or an agency of a political subdivision; and
(B) deposited in a general or special fund of a municipal corporation, or another political subdivision or agency of a political subdivision.
The term does not include funds received by a person under a duly authorized public-private agreement under IC 5-23 or proceeds of bonds payable exclusively by a private entity.
(10) "Retainage" means the amount to be withheld from a payment to the contractor or subcontractor until the occurrence of a specified event.
(11) "Specifications" means a description of the physical characteristics, functional characteristics, extent, or nature of any public work required by the board.
(12) "Substantial completion" refers to the date when the construction of a structure is sufficiently completed, in accordance with the plans and specifications, as modified by any complete change orders agreed to by the parties, so that it can be occupied for the use for which it was intended.
As added by P.L.329-1985, SEC.9. Amended by P.L.82-1995, SEC.13; P.L.73-1995, SEC.3; P.L.49-1997, SEC.74; P.L.91-2014, SEC.34; P.L.255-2017, SEC.34.
Structure Indiana Code
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
36-1-12-3. Public Work Projects
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
36-1-12-7. Public Buildings; Approval of Plans and Specifications by Licensed Architect or Engineer
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
36-1-12-15. Contractor Requirements; Antidiscrimination Provisions
36-1-12-16. Necessity of Compliance With Chapter
36-1-12-18. Change or Alteration of Specifications; Change Orders
36-1-12-20. Trench Safety Systems; Cost Recovery
36-1-12-21. Plumbing Installations; Proof of Licensure
36-1-12-23. Application of Ic 5-22-16.5 to Award of Contracts Under Article