Indiana Administrative Code
Title 80 - STATE FAIR COMMISSION
Article 9 - COMMISSION WORKS
Rule 6 - Bonding; Escrow; Retainages
Section 6-10 - Claims of subcontractors and suppliers; verification; notice to contractors and sureties; actions upon bonds
Universal Citation: 80 IN Admin Code 6-10
Current through March 20, 2024
Sec. 10.
(a) In order to:
(1) receive payment under section 9 of
this rule; or
(2) proceed against
the bond of the contractor required under section 6 of this rule; any
subcontractor or supplier making a claim for payment on account of having
performed any labor or having furnished any material or service in relation to
a commission works project must file a verified claim with the commission
within sixty (60) days from the last labor performed, last material furnished,
or last service rendered. The claim shall state the amount due and owing to the
person and shall give as much detail explaining the claim as possible. The
commission shall notify the contractor of any filed claims before taking action
under section 9 of this rule.
(b) The claimant may not file suit against the contractor's surety on the contractor's bond until the expiration of thirty (30) days after filing of the claim with the commission. If the claim is not paid in full at the expiration of the thirty (30) day period, the claimant may bring an action in a court of competent jurisdiction in the claimant's own name upon the bond.
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