Sec. 29. (a) A contractor for construction under this chapter is entitled to monthly estimates of the work done during each month. The estimates shall be made by the engineer and approved by the municipal works board.
(b) The works board shall issue to the contractor certificates for sixty-five percent (65%) of the amount shown by the estimates to be due to the contractor. The contractor is entitled to receive the amounts named in the certificates in cash or sewer improvement bonds to be collected or issued by the municipality, as is provided for in the construction of street, alley, and other improvements.
(c) Certificates issued under this section (or under IC 36-9-21 before its repeal in 1993) are negotiable instruments.
(d) Interest on the certificates is payable out of the contract price and the special fund collected from the special assessments against the benefited property.
(e) If the municipality in issuing a contract for construction has required and obtained performance and payment bonds covering one hundred percent (100%) of the cost of construction, retainage shall be withheld as follows:
(1) This subdivision applies until the public work is fifty percent (50%) complete. The works board shall, on approval of contractor monthly payment estimates, issue to the contractor certificates for ninety percent (90%) of the amount shown to be due to the contractor.
(2) This subdivision applies after the public work is fifty percent (50%) complete. If the works board determines that the contractor is being responsive and responsible in carrying out the construction, the works board may, on approval of contractor monthly payment estimates, issue to the contractor certificates for one hundred percent (100%) of the amount shown to be due to the contractor.
As added by P.L.98-1993, SEC.10. Amended by P.L.1-1994, SEC.183.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 39. Barrett Law Funding for Municipal Sewers
36-9-39-1. Application of Chapter
36-9-39-1.3. "Construction" Defined
36-9-39-3. Adoption of Resolution; Contents
36-9-39-4. Notice of Resolution and Hearing; Cost Estimate
36-9-39-5. Conduct of Hearing; Findings
36-9-39-7. Sewage Works for Use by Owners of Abutting Property; Bidding Procedure
36-9-39-9. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Resolution; Notice
36-9-39-11. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Hearing; Findings
36-9-39-13. Payment of Costs; Appropriations; Assessments; Contracts
36-9-39-18. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Assessments
36-9-39-20. Assessments; Inclusion of Amount Determined Under Ic 36-9-22-5
36-9-39-21. Assessment Roll; Formulation; Contents
36-9-39-23. Hearing on Assessments; Findings; Modification of Preliminary or Primary Assessments
36-9-39-24. Hearing on Assessments; Modification of Assessment Roll; Delivery to Fiscal Officer
36-9-39-25. Hearing on Assessments; Finality of Decision; Appeals; Effect of Defective Procedures
36-9-39-26. Duties of Fiscal Officer
36-9-39-28. Enforcement of Assessments and Bonds; Statutes Applicable