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Ind. Code § 5-17-5-2

Exemption; "good faith dispute" defined

Applied in 1 court decision — leading case State of Indiana, acting on behalf of the Indiana Family & Social Services Administration v. International Business Machines Corporation (2014)

Most recently applied in State of Indiana, acting on behalf of the Indiana Family & Social Services Administration v. International Business Machines Corporation (February 2014)

As added by P.L.59-1983, SEC.1

Sec. 2. (a) Section 1 of this chapter does not apply to the following:

(1) Interagency or intergovernmental transactions.

(2) Amounts payable to employees or prospective employees of state agencies or political subdivisions as reimbursement for expenses.

(3) Claims subject to a good faith dispute, if before the date of timely payment notice of the dispute is:

(A) sent by certified mail;

(B) personally delivered; or

(C) sent in accordance with the procedure in the contract.

(4) Contracts entered into before September 1, 1983.

(5) Contracts related to highway or road construction, reconstruction, or maintenance, if:

(A) the Indiana department of transportation authorizes partial progress payments under IC 8-23-9-14; and

(B) each progress payment does not exceed five hundred dollars ($500).

(6) Claims, contracts, or projects that are to be paid for exclusively with federal funds.

(b) As used in subsection (a)(3), "good faith dispute" means:

(1) a contention by the state or political subdivision that goods delivered or services rendered were:

(A) of less quantity or quality than ordered or specified by contract;

(B) faulty; or

(C) installed improperly; or

(2) any other reason giving cause for the withholding of payment by the state or political subdivision until such dispute is settled.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.