Sec. 34. Whenever a claim has been filed under this chapter with the department by a person, firm, limited liability company, or corporation who has performed labor or furnished material or other service in the construction, repair, or maintenance of a highway or bridge in the state highway system, or in the construction, repair, or renovation of a building or structure used by the department, and against a contractor with the department, the department shall notify the person, firm, limited liability company, or corporation filing the claim that within ninety (90) days after the date of the notice the person, firm, limited liability company, or corporation must proceed by an action at law in a court of competent jurisdiction against the contractor or the surety on the contract bond of the contractor for the collection of the amount of the claim.
As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993, SEC.158.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 23. Indiana Department of Transportation
Chapter 9. State Highway Contracts; General Powers
8-23-9-0.1. Application of Certain Amendments to Chapter
8-23-9-1. Opening of Sealed Bids
8-23-9-2. Rejection of Proposals
8-23-9-3. Lowest and Best Bidder; Letting of Contract; Determination
8-23-9-4. Acceptance of Proposals; Criteria
8-23-9-5. Construction and Maintenance When No Satisfactory Proposal Received
8-23-9-6. Spending Limit When No Satisfactory Proposal Received
8-23-9-7. Adoption of Rules Governing Purchases of Material and Equipment
8-23-9-8. Bid Guarantee and Performance Bond Requirements
8-23-9-9. Bid Guarantee and Performance Bond Amounts
8-23-9-10. Performance Bonds; Deposit; Reinsurance; Statements of Amounts Due
8-23-9-11. Actions on Performance Bonds
8-23-9-12. Performance Bond Form
8-23-9-14. Partial Payments; Authorization
8-23-9-16. Acceptance of Completed Work; Relief of Contractor's Liability
8-23-9-17. Withdrawal and Payment of Retained Percentages
8-23-9-18. Final Payments; Disputes
8-23-9-21. Contract Form; Approval
8-23-9-23. Residency Requirement for Unskilled Laborers
8-23-9-24. Survey Monuments; Procedure Upon Removal or Burial
8-23-9-25. Nonperformance or Abandonment of Contracts; Completion of Work; Costs and Expenses
8-23-9-26. Claims Against Contractors; Filing With Department
8-23-9-27. Claims Against Contractors; Mailing of Copies
8-23-9-28. Claims Against Contractors; Retaining Amount of Claim
8-23-9-29. Claims Against Contractors; Allowance or Rejection
8-23-9-30. Claims Against Contractors; Notice of Rejection; Commencement of Actions
8-23-9-31. Claims Against Contractors; Payment of Amount Adjudged Due
8-23-9-32. Claims Against Contractors; Failure to File Certificate
8-23-9-33. Claims Against Contractors; Additional Remedy
8-23-9-34. Claims Against Contractors; Filing of Actions
8-23-9-35. Claims Against Contractors; Mailing or Publication of Notice
8-23-9-36. Claims Against Contractors; Certificates of Filing of Actions
8-23-9-37. Claims Against Contractors; Retention of Security for Protection of Claimant
8-23-9-38. Claims Against Contractors; Failure to File Action and Certificate
8-23-9-39. Claims Against Contractors; Additional Proceedings
8-23-9-40. Railroad Crossings; Separation of Grades
8-23-9-41. Railroad Crossings; Separation of Grades; Rights, Powers, and Duties of Parties Involved
8-23-9-42. Railroad Crossings; Separation of Grades; Payment of Costs
8-23-9-43. Railroad Crossings; Separation of Grades; Multiple Railroads; Payment of Costs
8-23-9-44. Railroad Crossings; Separation of Grades; Maintenance
8-23-9-45. Railroad Crossings; Improvement and Maintenance
8-23-9-46. Railroad Crossings; Width of Improvements
8-23-9-47. Railroad Crossings; Election by Railroad Companies to Make or Pay for Improvements
8-23-9-48. Tearing Up and Disturbing Highways; Permit; Unauthorized Signs and Markers; Violations
8-23-9-49. Approaches and Drainage Structures; Construction; Private Facilities
8-23-9-50. Use of Prison Labor in Preparation and Manufacturing of Road Materials
8-23-9-51. Drains, Culverts, and Bridges; Bridge Construction Contracts
8-23-9-52. Contracts Specifying Borrow or Clearing and Grubbing; Standards
8-23-9-53. Trench Safety Systems; Costs
8-23-9-54. State Highway Fund; Creation and Management
8-23-9-55. Use of State Highway Fund
8-23-9-57. Cooperation With Federal and Other States' Officials
8-23-9-59. Application of Ic 5-22-16.5 to Award of Contracts Under Article