CHAPTER 1. DEFINITIONS
IC 4-13.6
ARTICLE 13.6. STATE PUBLIC WORKS
IC 4-13.6-1
Chapter 1. Definitions
IC 4-13.6-1-1
Application of definitions
Sec. 1. The definitions in this chapter apply throughout thisarticle.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-2
"Board"
Sec. 2. "Board" refers to the certification board established byIC 4-13.6-3-3.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-2.5
"Commissioner"
Sec. 2.5. "Commissioner" refers to the commissioner of thedepartment.
As added by P.L.14-1986, SEC.7.
IC 4-13.6-1-3
"Contractor"
Sec. 3. "Contractor" means any person who has entered into orseeks to enter into a public works contract with the division.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-4
"Department"
Sec. 4. "Department" refers to the Indiana department ofadministration established by IC 4-13-1-2.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-5
"Director"
Sec. 5. "Director" means the director of the division.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-6
"Division"
Sec. 6. "Division" refers to the public works division of thedepartment established by IC 4-13.6-3-2.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-7
"Escrowed income"
Sec. 7. "Escrowed income" means the value of all property held
in an escrow account over the escrowed principal in the account.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-8
"Escrowed principal"
Sec. 8. "Escrowed principal" means the value of all cash,securities, or other property placed in an escrow account by thedivision or a contractor as a retainage on a public works contract.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-9
"Governmental body"
Sec. 9. "Governmental body" means any agency, board, bureau,commission, committee, council, department, office, or otherauthority of the executive, including the administrative, departmentof state government.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-10
"Person"
Sec. 10. "Person" means any association, corporation, limitedliability company, fiduciary, individual, joint stock company, jointventure, partnership, sole proprietorship, or other private legal entity.
As added by P.L.24-1985, SEC.7. Amended by P.L.8-1993, SEC.25.
IC 4-13.6-1-11
"Professional services"
Sec. 11. "Professional services" mean the services of:
(1) a person registered or certified under IC 25-4;
(2) a person licensed under IC 25-31; or
(3) a person who performs services or studies that:
(A) relate to the design or the feasibility of a building,structure, or improvement; and
(B) are recognized in the industry as professional in nature.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-12
"Public funds"
Sec. 12. "Public funds" means any funds for which a state officeris accountable by virtue of the state officer's public office, whetheror not impressed with a public interest.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-13
"Public works"
Sec. 13. (a) "Public works" means either of the following:
(1) The process of altering, building, constructing, demolishing,improving, or repairing a public building or structure.
(2) A public improvement to real property owned by, or leasedin the name of, the state. (b) The term includes the following:
(1) The preparation of drawings, plans, and specifications for aprocess or improvement described in subsection (a).
(2) The routine operation, routine repair, or routine maintenanceof existing structures, buildings, or real property.
As added by P.L.24-1985, SEC.7. Amended by P.L.49-1997, SEC.18.
IC 4-13.6-1-14
"Public works contract" or "contract"
Sec. 14. "Public works contract" or "contract" means a contractbetween the division and a person for the performance of some workor service related to the completion of a public works project for agovernmental body. However, the terms "public works contract" or"contract" do not include contracts for professional services, unlessspecifically provided to the contrary.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-15
"Responsible contractor"
Sec. 15. "Responsible contractor" means a contractor that:
(1) is capable of performing a public works contract fully;
(2) has the integrity and reliability that will insure good faithperformance; and
(3) is qualified under IC 4-13.6-4, if applicable.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-16
"Responsive contractor"
Sec. 16. "Responsive contractor" means a contractor that hassubmitted a bid or a quotation in conformity with instructions,contract documents, terms, and other conditions for a contract.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-17
"Retainage"
Sec. 17. "Retainage" means any amount to be withheld from apayment to a contractor or subcontractor under the terms of acontract until the occurrence of a specified event.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-18
"Subcontractor"
Sec. 18. "Subcontractor" means any person entering into acontract with a contractor to furnish labor or labor and materials usedin the actual construction of a public works project. For purposes ofthis section, labor used in delivery and unloading of materials at aproject site is not considered to be labor used in the actualconstruction of a public works project.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-19
"Substantial completion"
Sec. 19. "Substantial completion" means the condition of a publicwork when it is sufficiently completed, in accordance with thecontract documents as modified by any completed change ordersagreed to by the parties, so that the governmental body for which thepublic work is intended can occupy or take possession of the publicwork and use it as it is intended to be used.
As added by P.L.24-1985, SEC.7.
IC 4-13.6-1-20
"Supplier"
Sec. 20. "Supplier" means any person supplying materials, but noonsite labor, to a contractor or to a subcontractor.
As added by P.L.24-1985, SEC.7.