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Indiana Mechanic Lien Laws
In the state of Indiana, specific timelines and procedures are in place for primary contractors, sub contractors, suppliers, and laborers to collect unpaid wages and costs. Being aware of these timelines and important dates are essential to ensure protecting one’s legal right to make lien claims and enforce action against lien.
Notice Requirements for Mechanics Liens in Indiana
Primary Contractors
Preliminary notice is not required in Indiana for primary contractors, save for special situations regarding owner-occupied dwelling spaces for single families.
Claim of lien by primary contractors requires notice of intent to hold mechanics lien to be filed within ninety (90) days of the last date of providing labor or materials for a given project. The owner must be provided notice of the lien within three (3) days of filing. A mechanics lien is barred unless suit is filed within one (1) year of notice to hold lien is noted, save for situations where an owner gives notice to file suit within thirty (30) days.
Sub Contractors
Sub contractors in the state of Indian adhere to the same filing schedule and procedures to claim liens as primary contractors. These requirements include:
- Preliminary notice only required in special situations involving owner occupied dwellings
- Notice of intent to hold mechanics lien must be filed before ninety (90) days has lapsed since last action on a project
- Notice of notice of intent to hold lien must be served to owner within three (3) days of filing notice of intent to hold mechanics lien
- Mechanics lien enforcement must take place within a year of the notice of intent to hold mechanics lien, save for situations where owner files suit, and in this case, sub contractors or other claimants must file suit to enforce lien within thirty (30) days
Materials Supplier
The lien law requirements and timelines for successful lien claims for materials suppliers in the state of Indiana are the same as those for primary contractors and sub contractors, which are both noted above.