CHAPTER 7. WAGE SCALE OF CONTRACTORS' AND SUBCONTRACTORS' EMPLOYEES
IC 5-16-7
Chapter 7. Wage Scale of Contractors' and Subcontractors'Employees
IC 5-16-7-1
Common construction wage; committee to determine;classification; exemptions
Sec. 1. (a) Any firm, individual, partnership, limited liabilitycompany, or corporation that is awarded a contract by the state, apolitical subdivision, or a municipal corporation for the constructionof a public work, and any subcontractor of the construction, shall payfor each class of work described in subsection (c)(1) on the projecta scale of wages that may not be less than the common constructionwage.
(b) For the purpose of ascertaining what the common constructionwage is in the county, the awarding governmental agency, beforeadvertising for the contract, shall set up a committee of five (5)persons as follows:
(1) One (1) person representing labor, to be named by thepresident of the state federation of labor.
(2) One (1) person representing industry, to be named by theawarding agency.
(3) A third member to be named by the governor.
(4) One (1) taxpayer who pays the tax that will be the fundingsource for the project and resides in the county where theproject is located. The owner of the project shall make theappointment under this subdivision.
(5) One (1) taxpayer who pays the tax that will be the fundingsource for the project and resides in the county where theproject is located. The legislative body (as defined inIC 36-1-2-9) for the county where the project is located shallmake the appointment under this subdivision.
(c) As soon as appointed, the committee shall meet in the countywhere the project is located and determine in writing the following:
(1) A classification of the labor to be employed in theperformance of the contract for the project, divided into thefollowing three (3) classes:
(A) Skilled labor.
(B) Semiskilled labor.
(C) Unskilled labor.
(2) The wage per hour to be paid each of the classes.
The committee is not required to consider information not presentedto the committee at the meeting. IC 5-14-1.5 (open door law) appliesto a meeting of the committee.
(d) The rate of wages determined under subsection (c) shall not beless than the common construction wage for each of the three (3)classes of wages described in subsection (c) that are currently beingpaid in the county where the project is located.
(e) The provisions of this chapter shall not apply to contracts letby the Indiana department of transportation for the construction of
highways, streets, and bridges. IC 8-23-9 applies to state highwayprojects.
(f) A determination under subsection (c) shall be made and filedwith the awarding agency at least two (2) weeks prior to the datefixed for the letting, and a copy of the determination shall befurnished upon request to any person desiring to bid on the contract.The schedule is open to the inspection of the public.
(g) If the committee appointed under subsection (b) fails to actand to file a determination under subsection (c) at or before the timerequired under subsection (f), the awarding agency shall make thedetermination, and its finding shall be final.
(h) It shall be a condition of a contract awarded under this chapterthat the successful bidder and all subcontractors shall comply strictlywith the determination made under this section.
(i) The provisions of this chapter do not apply to public projectsin this state that would otherwise be subject to the provisions of thischapter that are to be paid for in whole or in part with funds grantedby the federal government, unless the department of the federalgovernment making the grant shall consent in writing that theprovisions of this chapter are applicable to the project.
(j) Notwithstanding any other law, the provisions of this chapterapply to projects that will be:
(1) owned entirely; or
(2) leased with an option to purchase;
by the state or a political subdivision (as defined in IC 36-1-2-13).
(k) Notwithstanding any other law, this chapter does not apply toprojects in which the actual construction costs less than one hundredfifty thousand dollars ($150,000).
(Formerly: Acts 1935, c.319, s.1.) As amended by Acts 1980, P.L.74,SEC.12; Acts 1981, P.L.41, SEC.3; P.L.18-1990, SEC.14;P.L.8-1993, SEC.65; P.L.25-1995, SEC.8; P.L.81-1995, SEC.1.
IC 5-16-7-2
Filing schedule of wages
Sec. 2. The state or any municipal corporation thereof letting anysuch contracts shall require any contractor or subcontractorperforming such public work to file a schedule of the wages to bepaid to such laborers, workmen, or mechanics thereon with the stateor with such municipal corporation. Such schedule shall be filedbefore any work is performed on such contract or subcontract;provided, such scale shall not be less than the scale determined asprovided in section 1 of this chapter; provided further, that nothingin this chapter provided shall prevent such contractor orsubcontractor from paying a higher rate of wages than set out in theschedule of wages filed by him.
(Formerly: Acts 1935, c.319, s.2.) As amended by P.L.25-1986,SEC.92.
IC 5-16-7-3
Violations; penalties Sec. 3. A contractor or subcontractor who knowingly fails to paythe rate of wages determined under this chapter commits a Class Bmisdemeanor. If the contractor or subcontractor has committed aprior offense under this section, the contract on which the instantoffense occurred shall be forfeited and the contractor orsubcontractor may not receive any further payment on the contractnor may the state or the municipal corporation making the contractmake any further payments on the contract from any of the fundsunder its charge or control.
(Formerly: Acts 1935, c.319, s.3.) As amended by Acts 1978, P.L.2,SEC.519.
IC 5-16-7-4
Definitions
Sec. 4. The definitions in this section apply throughout thischapter:
(1) "Common construction wage" means a scale of wages foreach class of work described in section 1(c)(1) of this chapterthat is not less than the common construction wage of allconstruction wages being paid in the county where a project islocated, as determined by the committee described in section1(b) of this chapter after having considered:
(A) reports from the department of workforce development;and
(B) any other information submitted by any person to thecommittee established under section 1(b) of this chapter.
(2) "State of Indiana" includes any officer, board, commission,or other agency authorized by law to award contracts for theperformance of public work on behalf of the state, excepting asotherwise provided in this chapter.
(3) "Municipal corporation" includes any county, city, town, orschool corporation, as well as any officer, board, commission,or other agency authorized by law to award contracts for theperformance of public work on behalf of any such municipalcorporation. The term also includes a redevelopmentcommission established under IC 36-7-14-3.
(4) "Public work" includes any public building, highway, street,alley, bridge, sewer, drain, improvement, or any other work ofany nature or character whatsoever which is paid for out ofpublic funds, excepting as otherwise provided in this chapter.
(Formerly: Acts 1935, c.319, s.4.) As amended by P.L.25-1986,SEC.93; P.L.35-1990, SEC.6; P.L.25-1995, SEC.9; P.L.81-1995,SEC.2.
IC 5-16-7-5
Nonapplicability of chapter
Sec. 5. (a) This chapter does not apply to contractors orsubcontractors performing public work for Purdue University onagricultural or forestry land owned or occupied by the university andused by it for educational or research purposes if the cost of the work
is estimated to be less than fifty thousand dollars ($50,000).
(b) Except as provided in IC 5-23, this chapter does not apply toa person that has entered into an operating agreement with the state,a municipal corporation, or another political subdivision for themanagement or operation of a public facility under IC 5-23.
As added by Acts 1977, P.L.250, SEC.6. Amended by P.L.82-1995,SEC.1; P.L.49-1997, SEC.30.