Indiana § 36-10-4-26 - Letting of contract for construction; bidder's deposit; payment; limitation of cost; validity of contract
Full text of Indiana Indiana Code § 36-10-4-26 — Letting of contract for construction; bidder's deposit; payment; limitation of cost; validity of contract, with citation guidance and answers to common questions.
§ 36-10-4-26. Letting of contract for construction; bidder's deposit; payment; limitation of cost; validity of contract
Sec. 26. (a) If the board orders acquisition and construction and has advertised for bids for the construction after final adoption of the resolution, it shall require each bidder to deposit with the bidder's bid a certified check for an amount not less than two and one-half percent (2 1/2%) of the engineer's estimate of the cost of the improvement to insure the execution of the contract for which the bid is made.
(b) The contract must state that payments for all work under the contract shall be made only from the special fund derived from the proceeds of bonds and special assessments. A contract may not be let for a higher amount than the estimated cost of the work, and the board may let parts of the proposed work under different contracts. The board may, at any time before the execution of a contract for the work, rescind any acts or orders in relation to the proposed work or take the supplementary proceedings that the board considers necessary.
(c) The validity of a contract may not be subsequently questioned by any person except in an action to enjoin the performance of the contract instituted within fifteen (15) days after the execution of the contract. After that fifteen (15) day period, all proceedings and orders of the board preliminary to the contract are valid, conclusive, and binding upon all persons and are not subject to attack. The amount of the benefits resulting to all property in the city and the special tax shall be levied only for the balance.
[Pre-Local Government Recodification Citations: 19-7-9-10; 19-7-30-20.]
As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.127-2017, SEC.382.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 36-10-4-26
What does Indiana Code § 36-10-4-26 cover?
Section 36-10-4-26 ("Letting of contract for construction; bidder's deposit; payment; limitation of cost; validity of contract") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 36-10-4-26?
A common citation format is "Indiana Code § 36-10-4-26" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 36-10-4-26 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.