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.
Structure Indiana Code
Title 5. State and Local Administration
Chapter 5.5. Retainage, Bonds, and Payment of Contractors and Subcontractors
5-16-5.5-0.1. Application of Certain Amendments to Chapter
5-16-5.5-2. Contracts Governed by This Chapter
5-16-5.5-3. Retainage; Escrow Agreement
5-16-5.5-3.1. Escrow Accounts; Establishment and Maintenance; Fee; Schedule
5-16-5.5-3.5. Retainage; Options to Determine Amount
5-16-5.5-5. Payment of Subcontractor; Certification of Receipt
5-16-5.5-6. Payment of Contractor; Uncompleted Minor Items