Sec. 14.2. (a) Except as provided in subsection (b), a contract to which a state agency is a party must be in writing.

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Terms Used In Indiana Code 4-13-2-14.2

  • agency: refers to every officer, board, commission, department, division, bureau, committee, employee, and other instrumentality of the state, including: state hospitals, state penal institutions, and other state institution enterprises and activities wherever located, except, unless specifically included, the following:

    Indiana Code 4-13-2-1

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Contract: A legal written agreement that becomes binding when signed.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Statute: A law passed by a legislature.
     (b) A contract is not required to be in writing if the contract is created under:

(1) IC 5-22-8;

(2) IC 5-22-10-4; or

(3) IC 4-13.6-5-5.

However, the attorney general, in rules adopted under section 14.3 of this chapter, may require the state agency that is the party to the contract to maintain on file invoices, bills, or other writings that show the contract was performed and the amount of payment that is due.

     (c) Subject to subsection (d), if a statute or rule requires a provision to be part of a contract to which a state agency is a party, the provision shall be construed to be part of the contract even though:

(1) the contract is not in writing; or

(2) the contract is in writing but the provision is omitted.

     (d) Provisions required by rule under subsection (c) apply only to contracts awarded under IC 5-22-8.

As added by P.L.31-1987, SEC.2. Amended by P.L.33-1995, SEC.2; P.L.49-1997, SEC.13.

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