Indiana § 10-18-2-9 - Contracts; publication of notice; bonds and sureties

§ 10-18-2-9. Contracts; publication of notice; bonds and sureties

Sec. 9. (a) If a county executive has adopted designs or plans for the construction of world war memorial structures as provided in section 6 of this chapter, the county executive shall:

(1) contract with a reliable contractor for all or any part of the construction of the world war memorial structure, as provided in this chapter; and

(2) publish a notice informing the public and contractors:

(A) of the nature of the structures to be constructed;

(B) that the designs and plans are on file in the office of the county executive; and

(C) that sealed proposals for contractors to work on the construction of the world war memorial are due not earlier than thirty (30) days from the first published notice.

(b) A notice published under subsection (a)(2) shall be published for at least three (3) consecutive weeks:

(1) with each publication of notice in a newspaper of general circulation published in the county; or

(2) with the first publication of notice in a newspaper described in subdivision (1) and the two (2) subsequent publications:

(A) in accordance with IC 5-3-5; and

(B) on the county's official website.

(c) A county executive shall, by order, impose conditions upon:

(1) bidders;

(2) contractors;

(3) subcontractors; and

(4) materialmen;

with regard to bond and surety and guaranteeing the faithful completion of work according to contract.

(d) All contracts with builders, architects, or materialmen must reserve to the county executive for good cause shown the right to cancel a contract and to relet work to others. If a contract is canceled, at least ten percent (10%) shall be reserved from payments on estimates on work done in progress until the contracts are completed and the work done, inspected, and accepted by the county executive.

(e) A payment, partial or final, may not be construed as a waiver of defective work or materials or as a release for damages on account of defective work or materials.

(f) A surety may not be released from any obligation on its bond if the contractor is paid the whole or any part of the percentages required to be reserved from current estimates. A surety may not be released by any final payment made to the contractor.

[Pre-2003 Recodification Citation: 10-7-1-9.]

As added by P.L.2-2003, SEC.9. Amended by P.L.152-2021, SEC.8; P.L.1-2025, SEC.148.