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Can a water remediation company file a mechanics lien against me for just doing extraction, dry out/tear out drywall

Indiana

Had a flood in basement and some other areas. Hired company to dry out floors, etc. Tore out drywall that got too wet. Promised they were going to put new walls in, etc. which they did not do but tried to get max amount out of insurnace company by inflating the costs. Insurance had their own estimate done and came up with less than half of what this company wanted to charge me, now they want to put a mechanics lien against my property for not paying the larger sum.

1 reply

Jul 6, 2022

Give my office a call for a free consult, as I think we need more facts to assess what is fully going on here. 260-782-1712. In short, under IN law, a general contractor can file a lien within 60 days of last furnishing labor and/or material. A sub contractor can also file a lien, but they are required to give pre-lien notice within 30 days of first furnishing labor and/or materials. If the value of work is over $150.00, then they are required to have a contract with you and that contract needs to be compliant with the Home Improvement Contract Act. If it is not, they could be in violation of the Home Improvement Contract Act and be subject to you as an owner getting 3x damages and attorney's fees if you tender proper and timely notice of deceptive acts. There is also a potential opportunity to purge the lien via a 30 day notice to foreclose under the lien statute--but there are numerous statutory timeframes and deadlines that apply to notices and and certain causes of action which are fairly complex in how they interact and overlap. We look forward to speaking with you. Best, Nick

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