Indiana

For Indiana, payment bond threshold is Title 4, Title 5, Title 8 and Title 36 require bonds for state and local projects in excess of $200,000; bond amount is a bond for the total price of the general contract; claim deadline is all suits must be brought against the surety on the payment bond within one year after final settlement with the contractor; preliminary notice required is a written Verified Claim stating the amount due and owing to the claimant must be filed with the Public Works Division of the Indiana Department of Administration within 60 days after the last labor performed, last materials furnished or last services rendered; statutory citation is Indiana Code, Title 4, Article 13.6, Chapter 7, §§4-13.6-7-5 to 4-13.6-7-11; Title 5, Article 16, Chapter 5, §§5-16-5-1 to 5-16-5-2; Title 8, Article 23, Chapter 9, §§8-23-9-8 to 8-23-9-33; Title 36, Article 1, Chapter 12, §§36-1-12-12 to 36-1-12-13.1, verified against its source on 2026-08-17.

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What the source says

INDIANA Types of Projects: In Indiana, there are four different public works statutes: Title 4 for certain projects owned by the State of Indiana, such as state prisons; Title 5 for other state projects, such as state supported universities; Title 8 for state highways, bridges and rest stops; and Title 36 for local government projects, including public schools. Amount of Bond: Each of the four statutes requires a bond for the total price of the general contract if the project is required to be bonded. Labor and Material Covered: Any labor or services performed or materials furnished in the construction, erection, alteration or repair of any public improvement; work or improvement of any nature or character on the public works project. However, on Title 36 projects, lessors of equipment to a subcontractor are not covered. Also, under Title 8, a claimant who is not in privity of contract with the contractor or a subcontractor (any subcontractor or material supplier who is not a first or second tier claimant) is not entitled to the coverage of a performance bond. Notice Required: Title 4. To impound contract proceeds, a written Verified Claim stating the amount due and owing to the claimant must be filed with the Public Works Division of the Indiana Department of Administration within 60 days after the last labor performed, last materials furnished or last services rendered by that claimant. To make a claim under the bond, a Verified Claim must be given to the surety and the Public Works Division must be notified that the surety has been given the Verified Claim. A copy of the claim filed with the public body must also be provided to the general contractor on the project. Title 5. To make a claim against retainage, a Verified Statement of Claim setting forth the amount due and owing, the name of the subcontractor and when the work was performed or materials furnished must be filed in duplicate with the public agency administering the contract within 60 days after the last work or services were performed or last item of materials were furnished to the project by that claimant. To make a claim against the bond, a Duplicate Verified Statement must be filed with the appropriate governing body within 60 days after that claimant last worked on the project setting forth the same information required in the Verified Statement of Claim. A copy of the claim filed with the public body must also be provided to the general contractor on the project. However, a contractor is not required to execute a bond in the case of a contract with a state educational institution, if the contract amount is less than $500,000 and the institution waives the requirement. Title 8. To claim against the contract proceeds, a Triplicate Verified Itemized Statement must be filed with the Department of Transportation. This must be in writing, verified, contain an itemized statement of the amount due, identify the claimant by name and post office address, identify the contractor for whom the work was performed, set forth the dates, including the last date, on which the work was performed, describe the work and the costs thereof, and attach itemized statements or invoices. This should be filed in triplicate within 60 days of the last labor performed or materials furnished and, in all instances, within 30 days after final acceptance of the project. To claim against the bond, the claimant must file a statement of the amount due and owing with the surety on the bond. The statement of the amount due and owing must be furnished to the surety within one year after acceptance of the labor, materials or services by the DOT. The surety must be given 60 days to respond, after which time suit may commence on the bond. Title 36. To claim against retainage, a Verified Claim must be filed with the public agency administering the contract setting forth the project by name and address, the amount due and owing, the contractual relationship between the claimant and the subcontractor or general contractor, and the date upon which the last work was performed or materials furnished. To claim against the bond, a Signed Duplicate Statement must be filed with the governing body setting forth the same information as the Verified Claim within 60 days after the last labor or materials were furnished to the project by that claimant. A copy of the claim filed with the public body must also be provided to the general contractor on the project. Time for Suit: Title 4. A claimant may not file suit against the contractor’s surety on the payment bond until 30 days after filing the Verified Claim with the Public Works Division. Unless the bond provides a greater period of time, all suits must be brought against the surety on the payment bond within one year after final settlement with the contractor. Title 5 and Title 36. If a Verified Statement is filed, suit cannot be brought against the surety on the payment bond until the expiration of 30 days after the filing of the Verified Duplicate Statement with the governing body. Suit must be commenced within 60 days after final completion and acceptance of the public works project by the public agency, which by case law interpretation is generally the “substantial completion date.” Title 8. If the triplicate notice is filed with the DOT as against retainage, then the DOT is required upon receipt to withhold from the retainage a sum equal to the amount of the claim. The prime contractor is given 20 days within which to give written notice to the DOT that it is allowing or rejecting the claim. If the claim is rejected in whole or in part, the DOT is to give immediate notice of the contractor’s action by registered mail to the claimant. Within 90 days after receiving notice of a rejection from the DOT, the claimant must take two procedural steps to perfect its claim. First, it must commence an action against the contractor or surety in a court of competent jurisdiction. Second, once the lawsuit has been filed, the claimant must obtain a certificate from the clerk stating that the action has been filed, the date it was filed and the identity of the parties to the action. The claimant must file this certificate with the DOT within a 90-day period. If a claim is made as against the bond only, and not retainage, then after the surety is given 60 days to respond suit must be filed 18 months from the date of final acceptance of the project. Contracts Excluded: Title 4, Title 5, Title 8 and Title 36 require bonds for state and local projects in excess of $200,000. Penalty for Failure to Take Bond: No special statutory provision. Statutory Citation: Indiana Code, Title 4, Article 13.6, Chapter 7, §§4-13.6-7-5 to 4-13.6-7-11; Title 5, Article 16, Chapter 5, §§5-16-5-1 to 5-16-5-2; Title 8, Article 23, Chapter 9, §§8-23-9-8 to 8-23-9-33; Title 36, Article 1, Chapter 12, §§36-1-12-12 to 36-1-12-13.1.

— fullertonlaw.com, retrieved 2026-08-17

Source

• fullertonlaw.comhttps://fullertonlaw.com/50-state-summary-payment-bond-law

Last verified against source: 2026-08-17. Due for re-check by 2027-08-17. This page as Markdown · OKF bundle · full dataset as JSON.