Business Services

Mechanics Liens

Have you provided work and have not been paid by the owner or general contractor? The proper filing of a mechanics lien by an Indianapolis Business law attorney can help secure your right to compensation in case of a real estate sale. Mechanics liens can be very technical and if not done properly and in the proper time frame can be avoided.

Indiana’s Mechanics’ Lien Statutes I.C. § 32-28-3

Notice of Intention to Hold Mechanics’ Lien in Indiana

I.C. 32-28-3-3 –The person who wishes to hold a lien must file a sworn statement and notice of the person’s intention to hold a lien upon the property for the amount of the claim in the county where the property is located. This must be recorded with the recorder’s office of the county. This notice must be provided not later than 90 days after performing labor or furnishing materials or machinery on the project.

The statement and notice of intention to hold a lien must include:

  • the name and address of the claimant;
  • the amount claimed;
  • the owner’s name and address and
  • the legal description and street number, if any.

Do you need to perfect a Mechanics’ Lien in Indiana?

No, A contractor or supplier is not required to perfect a mechanics’ lien in Indiana. The county recorder will serve the notice to the property owner.

Enforcing of a Mechanics’ Lien in Indiana

I.C. 32-28-3-12 requires that a person must file suit to enforce the notice of intention to hold a lien within 1 year from the original filing. Mechanic’s liens are a luxury that have not been around that long and are an added protection but courts are strict with the time frames involving mechanics liens so do not miss a deadline.