Chapter 1 Definitions
Chapter 2 General Provisions
Chapter 3 Public Works Division
Chapter 4 Qualification for State Public Works Projects
Chapter 5 Bidding Requirements
Chapter 6 Bid Opening and Award of Contracts
Chapter 7 Bonding, Escrow, and Retainages
Chapter 8 Energy Cost Savings Contracts
Chapter 9 Use of Energy Efficient Technology

Terms Used In Indiana Code > Title 4 > Article 13.6 - State Public Works

  • active duty: means full-time service on active duty orders in:

    Indiana Code 22-2-13-7

  • administrative law judge: means a person employed by the commissioner under IC 22-4-17-4. See Indiana Code 22-4-11.5-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agency: has the meaning set forth in IC 4-22-2-3. See Indiana Code 4-22-10-1
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • armed forces of the United States: means the active or reserve components of:

    Indiana Code 22-2-13-2

  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • benefits: means the money payments payable to an eligible individual as provided in this article with respect to his unemployment. See Indiana Code 22-4-2-1
  • Bequest: Property gifted by will.
  • billing review service: refers to a person or an entity that reviews a medical service provider's bills or statements for the purpose of determining pecuniary liability. See Indiana Code 22-3-7-9
  • billing review standard: means the data used by a billing review service to determine pecuniary liability. See Indiana Code 22-3-7-9
  • board: refers to the Indiana recycling market development board created by this chapter;

    Indiana Code 4-23-5.5-1

  • board: refers to the coroners training board established by section 3 of this chapter. See Indiana Code 4-23-6.5-1
  • child: means a biological child, adopted child, foster child, or stepchild. See Indiana Code 22-2-13-2.5
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • client: has the meaning set forth in IC 27-16-2-3. See Indiana Code 22-4-6.5-1
  • client level reporting method: has the meaning set forth in section 11(a) of this chapter. See Indiana Code 22-4-6.5-2
  • commission: means the Indiana finance authority established by IC 5-1. See Indiana Code 4-13.6-8-1
  • commission: refers to the Indiana arts commission established by IC 4-23-2. See Indiana Code 4-23-2.5-2
  • Commissioner: means the commissioner of labor or the commissioner's authorized representative. See Indiana Code 22-2-2-3
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • community: means a geographic service area based on ZIP code districts defined by the United States Postal Service according to the following groupings:

    Indiana Code 22-3-7-9

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • consumer: means an individual who:

    Indiana Code 22-1-5-3

  • consumer notice: means the notice described in section 14 of this chapter. See Indiana Code 22-1-5-4
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • covered document: means any document that:

    Indiana Code 4-22-10-2

  • covered employee: has the meaning set forth in IC 27-16-2-8. See Indiana Code 22-4-6.5-3
  • criminal history information: has the meaning set forth in IC 5-2-4-1(1). See Indiana Code 22-2-17-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • department: refers to the department of labor created under IC 22-1-1-1. See Indiana Code 22-1-5-5
  • Department: means the department of labor. See Indiana Code 22-2-2-3
  • department: refers to the department of labor created by IC 22-1-1-1. See Indiana Code 22-2-15-1
  • department: refers to the department of labor created by IC 22-1-1-1. See Indiana Code 22-2-18.1-4
  • Dependent: A person dependent for support upon another.
  • disablement: means the event of becoming disabled from earning full wages at the work in which the employee was engaged when last exposed to the hazards of the occupational disease by the employer from whom the employee claims compensation or equal wages in other suitable employment, and "disability" means the state of being so incapacitated. See Indiana Code 22-3-7-9
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • division: refers to the division of pollution prevention established by IC 13-27-2-1; and

    Indiana Code 4-23-5.5-1

  • Docket: A log containing brief entries of court proceedings.
  • drive away: has the meaning set forth in IC 9-20-9-1. See Indiana Code 22-4-8-3.6
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means any person employed or permitted to work or perform any service for remuneration or under any contract of hire, written or oral, express or implied by an employer in any occupation, but shall not include any of the following:

    Indiana Code 22-2-2-3

  • employee: means a person employed or permitted to work or perform services for remuneration under a contract of hire, written or oral, by an employer. See Indiana Code 22-2-13-3
  • employee: means every person, including a minor, in the service of another, under any contract of hire or apprenticeship written or implied, except one whose employment is both casual and not in the usual course of the trade, business, occupation, or profession of the employer. See Indiana Code 22-3-7-9
  • Employer: means any individual, partnership, association, limited liability company, corporation, business trust, the state, or other governmental agency or political subdivision during any work week in which they have two (2) or more employees. See Indiana Code 22-2-2-3
  • employer: means and includes every person, firm, partnership, association, corporation, limited liability company, receiver, or other officer of any court of this state, and any agent or officer of any of the above mentioned classes, employing any person in this state. See Indiana Code 22-2-9-1
  • employer: includes the state and political subdivisions of the state. See Indiana Code 22-2-13-4
  • employer: means a person or entity that employs twenty-five (25) or more employees. See Indiana Code 22-2-14-1
  • employer: means a person, firm, limited liability company, or corporation that hires, employs, or permits a minor to work in a gainful occupation. See Indiana Code 22-2-18.1-5
  • employer: includes the state and any political subdivision, any municipal corporation within the state, any individual or the legal representative of a deceased individual, firm, association, limited liability company, limited liability partnership, or corporation or the receiver or trustee of the same, using the services of another for pay. See Indiana Code 22-3-7-9
  • employment: includes service performed by a driver who provides drive away operations when the services are being performed by an individual who is in the employ of a state or local government entity or federally recognized Indian tribe as defined in Section 3306(c)(7) of the Federal Unemployment Tax Act (26 U. See Indiana Code 22-4-8-3.6
  • energy cost savings contract: means a contract between:

    Indiana Code 4-13.6-8-2

  • energy efficient technology: refers to any of the following:

    Indiana Code 4-13.6-9-1

  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • farm: includes stock, dairy, poultry, fruit, furbearing animals, and truck farms, nurseries, orchards, or greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities. See Indiana Code 22-2-2-3
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • fund: refers to the Indiana arts commission trust fund established by section 4 of this chapter. See Indiana Code 4-23-2.5-3
  • fund: refers to the coroners training and continuing education fund established by section 8 of this chapter. See Indiana Code 4-23-6.5-2
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • grandparent: means a biological grandparent, an adoptive grandparent, a foster grandparent, or a stepgrandparent. See Indiana Code 22-2-13-5
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • health care benefits: means employer provided health coverage, including coverage for medical care, prescription drugs, vision care, medical savings accounts, or any other health related benefit. See Indiana Code 22-2-13-6
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • high school: has the meaning set forth in IC 20-18-2-7. See Indiana Code 22-2-18.1-6
  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • home care services: means skilled and unskilled services provided to an individual at the individual's residence to enable the individual to remain in the residence safely and comfortably. See Indiana Code 22-1-5-6
  • home care services worker: means an individual performing home care services for compensation. See Indiana Code 22-1-5-7
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • knowingly: has the meaning set forth in IC 35-41-2-2(b); and

    Indiana Code 22-4-11.5-6

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • liability administrative law judge: means a person who is:

    Indiana Code 22-4-2-39

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • medical service facility: means any of the following that provides a service or product under this chapter and uses the CMS 1450 (UB-04) form for Medicare reimbursement:

    Indiana Code 22-3-7-9

  • medical service provider: refers to a person or an entity that provides services or products to an employee under this chapter. See Indiana Code 22-3-7-9
  • Mentally incompetent: means of unsound mind. See Indiana Code 1-1-4-5
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • minor: means an individual who has not reached seventeen (17) years of age. See Indiana Code 22-3-7-9
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • motor carrier: has the meaning set forth in IC 8-2. See Indiana Code 22-1-7-1
  • National Guard: means :

    Indiana Code 22-2-13-8

  • nonschool week: refers to a week that contains two (2) or fewer school days. See Indiana Code 22-2-18.1-7
  • Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occupation: means an industry, trade, business, or class of work in which employees are gainfully employed. See Indiana Code 22-2-2-3
  • occupational disease: means a disease arising out of and in the course of the employment. See Indiana Code 22-3-7-10
  • office: refers to the Indiana office of energy development established by IC 4-3-23-3. See Indiana Code 4-23-5.5-1
  • parent: means :

    Indiana Code 22-2-13-9

  • parent: has the meaning set forth in IC 20-18-2-13. See Indiana Code 22-2-18.1-8
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • pecuniary liability: means the responsibility of an employer or the employer's insurance carrier for the payment of the charges for each specific service or product for human medical treatment provided under this chapter as follows:

    Indiana Code 22-3-7-9

  • PEO: has the meaning set forth in IC 27-16-2-13. See Indiana Code 22-4-6.5-5
  • PEO level reporting method: has the meaning set forth in section 9(a) of this chapter. See Indiana Code 22-4-6.5-6
  • person: has the meaning set forth in section 7701(a)(1) of the Internal Revenue Code. See Indiana Code 22-4-11.5-3
  • placement agency: means a person engaged in the business of securing home care services employment for an individual or securing a home care services worker for a consumer. See Indiana Code 22-1-5-9
  • plain writing: means writing that is clear, concise, and well-organized, and follows other best practices appropriate to the subject or field and intended audience. See Indiana Code 4-22-10-3
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • political subdivision: has the meaning set forth in IC 36-1-2-13. See Indiana Code 22-2-17-2
  • Population: has the meaning set forth in IC 1-1-3. See Indiana Code 1-1-4-5
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Probate: Proving a will
  • professional employer agreement: has the meaning set forth in IC 27-16-2-12. See Indiana Code 22-4-6.5-4
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • qualified energy savings project: means a facility alteration designed to reduce energy consumption costs or other operating costs. See Indiana Code 4-13.6-8-3
  • qualified provider: means a person experienced in the design, implementation, and installation of energy and operational cost savings systems. See Indiana Code 4-13.6-8-4
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
  • Recess: A temporary interruption of the legislative business.
  • recklessly: has the meaning set forth in IC 35-41-2-2(c). See Indiana Code 22-4-11.5-6
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remuneration: whenever used in this article , unless the context clearly denotes otherwise, means all compensation for personal services, including but not limited to commissions, bonuses, dismissal pay, vacation pay, sick pay (subject to the provisions of section 2(c)(1) of this chapter) payments in lieu of compensation for services, and cash value of all compensation paid in any medium other than cash. See Indiana Code 22-4-4-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • review board: means the unemployment insurance review board. See Indiana Code 22-4-2-38
  • school day: refers to a day that contains more than four (4) hours of classroom instruction. See Indiana Code 22-2-18.1-10
  • school hours: refers to the hours that the school corporation, within the boundaries of which the minor resides while employed, is in session during the regularly scheduled school year. See Indiana Code 22-2-18.1-10.5
  • school week: refers to a week that contains at least three (3) school days. See Indiana Code 22-2-18.1-11
  • seasonal determination: means a decision made by the department after application in the form and manner prescribed by the department as to the seasonal nature of the employer, the normal seasonal period or periods of the employer, and the seasonal operation of the employer covered by such determination. See Indiana Code 22-4-7-3
  • seasonal employer: means an employer that, because of climatic conditions or the seasonal nature of a product or service, customarily operates all or a portion of its business only during a regularly recurring period or periods of less than twenty-six (26) weeks for all seasonal periods during a calendar year. See Indiana Code 22-4-7-3
  • seasonal employment: means services performed for a seasonal employer during the seasonal period in the employer's seasonal operations, after the effective date of a seasonal determination with respect to the seasonal employer. See Indiana Code 22-4-8-4
  • services and products: refers to medical, hospital, surgical, or nursing service, treatment, and supplies provided under this chapter. See Indiana Code 22-3-7-9
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
  • sibling: means :

    Indiana Code 22-2-13-10

  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • trade or business: includes an employer's workforce. See Indiana Code 22-4-11.5-4
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • unit: has the meaning set forth in IC 36-1-2-23. See Indiana Code 22-2-16-2
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
  • Venue: The geographical location in which a case is tried.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
  • veteran: includes "Hoosier veteran" and applies to the construction of all Indiana statutes, unless the construction is expressly excluded by the terms of the statute, is plainly repugnant to the intent of the general assembly or of the context of the statute, or is inconsistent with federal law. See Indiana Code 1-1-4-5
  • violates or attempts to violate: includes the intent to evade a higher employer contribution rate in connection with a transfer of a trade or business through misrepresentation or willful nondisclosure of information relevant to the transfer. See Indiana Code 22-4-11.5-5
  • wages: means all amounts at which the labor or service rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, or commission basis, or in any other method of calculating such amount. See Indiana Code 22-2-9-1
  • worker notice: means the statement described in section 17 of this chapter. See Indiana Code 22-1-5-11
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5