Section 5-30-8-4 - Performance and payment bonds required(a) The public agency: (1) shall require the design-builder to furnish performance and payment bonds for the project if the estimated cost of the project is more than two hundred thousand dollars ($200,000); and(2) may require the design-builder to furnish performance and payment bonds for the project if the estimated cost of the project is not more than two hundred thousand dollars ($200,000).(b) A performance or payment bond is not required for, and does not provide coverage for, the part of a design-build contract that includes design services only.(c) Subsection (b) does not impair the ability of the public agency to seek recovery under the contract from the design-builder for errors, omissions, or defects in the design services.As added by P.L. 74-2005, SEC.1. Amended by P.L. 133-2007, SEC.8.