Sec. 83. (a) A subcontractor, laborer, or other person may file a claim with the board if:

(1) at the request of a contractor, the subcontractor, laborer, or other person has performed any work or other service or has furnished any material used under the contract; and

(2) the subcontractor, laborer, or other person has not been paid.

The claim must be filed within sixty (60) days after the performance of the work or service or the furnishing of the material, and must state the amount due and describe the work done or materials furnished. The board shall withhold the amount of the claim from the final payment due the contractor unless the claimant files a written withdrawal of the claim with the board.

(b) If, sixty (60) days after acceptance of the work by the surveyor, the contractor files with the board a written acknowledgment of the correctness of all claims, and if the amount withheld by the board is sufficient to pay all claims, the board shall have the claims paid out of the amount withheld from the contractor and shall pay the balance remaining to the contractor.

(c) If the contractor does not file an acknowledgment under subsection (b), or if there is not a sufficient amount withheld to pay all claims, the board shall interplead all claimants and the contractor in the circuit or superior court of the county in which the board is located and have the amount of the claims, or the amount withheld by the board, whichever is smaller, paid into court. The board is then discharged from liability.

(d) This section does not relieve the surety on the contractor's bond from liability under its obligation as set forth in the bond.

[Pre-Local Government Recodification Citation: 19-4-7-8 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.361.