Chapter 1 Public Works by State Agencies
Chapter 2 Public Works Bids to be Submitted and Opened at Public Meeting
Chapter 3 Filing Blueprints and Specifications
Chapter 5 Withholding and Bond to Secure Payment of Subcontractors, Labor, and Materialmen
Chapter 5.5 Retainage, Bonds, and Payment of Contractors and Subcontractors
Chapter 6 Discrimination by Contractors and Subcontractors Prohibited
Chapter 6.5 Minority Business Certification
Chapter 7.1 Effect of Repeal of Common Construction Wage Statute (IC 5-16-7)
Chapter 7.2 Wage Scales for Public Works Projects
Chapter 8 Steel Procurement for Public Works
Chapter 9 Parking Facilities for Persons With Physical Disabilities
Chapter 10 Employment of Construction Managers in Public Construction Projects
Chapter 11 Disclosure of Economic Interests by Consultants in Public Projects
Chapter 11.1 Procurement of Services of Architects, Engineers, and Land Surveyors
Chapter 12.2 Use of Energy Efficient Technology
Chapter 13 Requirements for Contractors on Public Works Projects
Chapter 14 Determination That a Contractor for a Public Works Project Is Not Responsible
Chapter 15 Application of Certain Statutes to Public Works Contracts

Terms Used In Indiana Code > Title 5 > Article 16 - Public Works

  • 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.
  • Affiliate: means a parent, descendant, spouse, spouse of a descendant, brother, sister, spouse of a brother or sister, employee, director, officer, partner, limited liability company manager or member, joint venturer, a corporation subject to common control with the architect, engineer or construction manager, a shareholder or corporation who controls the architect, engineer or construction manager, or a corporation controlled by the architect, engineer, or construction manager. See Indiana Code 5-16-10-1
  • agency: refers to the following:

    Indiana Code 3-6-4.9-2

  • Agent: shall include any board, commission, trustee, officer or agent which acts on behalf of a state agency. See Indiana Code 5-16-5.5-1
  • applicable public works statute: refers to whichever of the following statutes is applicable to public works projects of the public agency:

    Indiana Code 5-16-13-2

  • Architect: means the person registered under IC 25-4-1. See Indiana Code 5-16-10-1
  • 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
  • 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
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • clerk: has the meaning set forth in IC 36-1-2-4. See Indiana Code 5-16-11-1
  • common construction wage statute: refers to the following:

    Indiana Code 5-16-7.1-1

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction manager: means a person designated as a construction manager by contract who provides professional management services, which contribute to the control of time and the cost and quality of a public construction project, and who performs those services concurrent with architectural and engineering services rendered during the design and construction phases of a construction project. See Indiana Code 5-16-10-1
  • consultant: means an individual who, under a contract with the state or a political subdivision, does either of the following for the state or the political subdivision:

    Indiana Code 5-16-11-2

  • Contract: A legal written agreement that becomes binding when signed.
  • contracting agency: refers to the agency, board, commission, officer, or trustee that enters into a public works contract covered by this article. See Indiana Code 5-16-12.2-1
  • Contractor: shall mean any person, firm, limited liability company, or corporation who is party to a contract with a state agency to construct, erect, alter or repair any public building or is any way involved in public work or public improvement. See Indiana Code 5-16-5.5-1
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • disadvantaged business enterprise: means a minority business enterprise as defined in Indiana Code 5-16-6.5-1
  • energy efficient technology: refers to any of the following:

    Indiana Code 5-16-12.2-2

  • enforcement authority: refers to either of the following:

    Indiana Code 3-6-4.9-3

  • Engineer: means the person registered under IC 25-31-1. See Indiana Code 5-16-10-1
  • entity: refers to a person that:

    Indiana Code 5-16-11-3.5

  • 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.
  • Escrowed income: shall mean the value of all property held in an escrow account over the escrowed principal in such account. See Indiana Code 5-16-5.5-1
  • Escrowed principal: shall mean the value of all cash and securities or other property at the time placed in an escrow account. See Indiana Code 5-16-5.5-1
  • 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 market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • fiscal body: has the meaning set forth in IC 36-1-2-6. See Indiana Code 5-16-11-4
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • 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.
  • 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
  • Lower tier contractor: includes each person that has a contract with a tier 3 contractor or lower tier contractor to perform some part of the work on, supply some of the materials for, or supply a service for, a public works project. See Indiana Code 5-16-13-4
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • 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.
  • 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.
  • person: includes a natural person, firm, limited liability company, or corporation. See Indiana Code 5-16-5-0.4
  • Person: means a natural person, a partnership, a limited liability company, or a corporation. See Indiana Code 5-16-10-1
  • political subdivision: has the meaning set forth in IC 36-1-2-13. See Indiana Code 5-16-11-5
  • Population: has the meaning set forth in Ind. See Indiana Code 1-1-4-5
  • Probate: Proving a will
  • professional services: means those services that are:

    Indiana Code 5-16-11.1-2

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • public agency: includes the following:

    Indiana Code 5-16-6.5-2

  • public agency: has the meaning set forth in IC 5-30-1-11. See Indiana Code 5-16-7.2-3
  • public agency: includes a:

    Indiana Code 5-16-11.1-3

  • public agency: has the meaning set forth in IC 5-30-1-11. See Indiana Code 5-16-13-5
  • public agency: has the meaning set forth in IC 5-30-1-11. See Indiana Code 5-16-15-4
  • public body: refers to a board, commission, trustee, officer, or agent acting on behalf of the state or a commission created by law. See Indiana Code 5-16-5-0.5
  • Public construction project: means the construction, remodeling, rehabilitation, or repair of any building or other facility of a unit of local government, whether the building or facility is owned by the unit or leased by the unit with an option to purchase under IC 36-1-10 or any other law. See Indiana Code 5-16-10-1
  • public work: refers to the construction, erection, alteration, or repair of a public building, public improvement, or other public work, the cost of which is paid for by funds derived from taxation. See Indiana Code 5-16-5-0.6
  • public works project: refers to a construction project governed by an applicable statute. See Indiana Code 5-16-13-6
  • public works project: refers to a construction project governed by an applicable public works statute. See Indiana Code 5-16-15-5
  • Retainage: means any amount to be withheld from any payment to a contractor or subcontractor pursuant to the terms of a contract until the occurrence of a specified event. See Indiana Code 5-16-5.5-1
  • 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.
  • State agency: means the state of Indiana or any commission or agency created by law. See Indiana Code 5-16-5.5-1
  • Statute: A law passed by a legislature.
  • Subcontractor: shall mean and include any person, firm, limited liability company, or corporation who is a party to a contract with the contractor and who furnishes and performs on-site labor on any public building, work or improvement. See Indiana Code 5-16-5.5-1
  • Substantial completion: shall be construed to mean the date when the construction of a structure or building is sufficiently completed, in accordance with the plans and specifications, as modified by any completed change orders agreed to by the parties, so that the state agency can occupy the structure or building for the use for which it was intended. See Indiana Code 5-16-5.5-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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 of local government: includes any county, city, town, township, and any other political subdivision, commission, or agency created under law. See Indiana Code 5-16-10-1
  • 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
  • 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
  • women-owned business enterprise: means a business that is at least fifty-one percent (51%) owned and controlled (as defined in Indiana Code 5-16-6.5-3
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5