Sec. 25. Any time a contractor:

(1) fails to commence or carry forward;

Terms Used In Indiana Code 8-23-9-25

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Contract: A legal written agreement that becomes binding when signed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(2) improperly performs;

(3) has abandoned; or

(4) fails or refuses to complete;

a contract executed under this chapter, the commissioner may relet the work or may complete the work. The commissioner shall deduct the cost and expense from any money that may be due the contractor, and if there is not sufficient money due the contractor to pay for the work, the commissioner shall require the bondsmen to pay for it. The attorney general shall prosecute suit in the name of the state for the collection of the payment under this section.

As added by P.L.18-1990, SEC.218.