Sec. 59. (a) Each subcontractor, laborer, and other person who performs labor or another service or furnishes material that is used in the construction of or incorporated in work under this chapter, including board for laborers and all fuel, oil, and grease used in the operation of machinery used in the construction work, has a lien upon the fund raised for the payment of the work. The lien attaches if written notice is filed with the surveyor:

(1) within sixty (60) days of furnishing the labor or material; and

(2) that states the amount due and describes the article furnished.

     (b) After the receipt of notice under subsection (a), the surveyor shall withhold payment to the contractor for the work in an amount sufficient to satisfy the lien until the amount is adjusted and paid.

     (c) If a contractor and a person claiming a lien disagree on the amount or validity of the lien, the court ordering the construction of the work shall, upon motion of the surveyor, contractor, or person claiming the lien, determine the amount to be paid. The surveyor may pay the amount determined, and on payment the surveyor is released from all liability concerning the payment.

     (d) If the surveyor fails to comply with this section, the surveyor is liable on the surveyor’s bond for the amount improperly paid over to the contractor.

[Pre-1995 Recodification Citation: 13-2-18-21.]

As added by P.L.1-1995, SEC.19.