Section 25IAC2-9-3. Nonpayment of subcontractors; documentation of nonpayment; procedure

   Under IC 5-16-5, as amended, partial payments may be temporarily held by the division if the division has received a certificate from a subcontractor asserting that his or her work, having been completed within the past sixty (60) days was billed to the prime contractor and not paid. Copies of the certified claim shall be forwarded to the contractor's bond surety, if applicable, for information and possible action. The partial pay request shall be released for payment upon satisfactory evidence that the subcontractor has been paid. If it is evident that a disagreement exists as to the billing in question, then the state shall:

(1) reduce the partial billing by the amount claimed; and

(2) pass the balance on for payment.

Copies of all correspondence pertaining to the alleged nonpayment to subcontractors in violation of the contract between the state and the prime contractor shall be placed in their respective prequalification file for review by the certification board. Information relative to the alleged nonpayment of bills due involving a contractor, subcontractor, or materialman shall be released to persons pursuant to the Public Records Act, IC 5-14-3-1 et seq. (Indiana Department of Administration; Public Works Division Sec I,3; filed Feb 29, 1972, 4:10 p.m.: Rules and Regs. 1973, p.8; filed Feb 3, 1982, 1:05 p.m.: 5 IR 515; readopted filed Nov 20, 2001, 9:30 a.m.: 25 IR 1265; filed Nov 14, 2007, 11:10 a.m.: 20071212-IR-025060515FRA; readopted filed Oct 18, 2013, 1:38 p.m.: 20131113-IR-025130403RFA)