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Do I have to file Prelim notice? Notice of Intent to Lien? or??

IndianaCollectionsDesign ProfessionalLien DeadlinesMechanics LienNotice of Intent to LienPreliminary NoticeSlow Payment

The state of Indiana. I provided architectural services to a contractor for work at a residential home. The contractor paid me my $1,000 retainer. This project started in August of 2021. I provide preliminary sketches to the contractor. After modifications, we made final drawings which were provided to the contractor for use on Sept. 28, 2021. To date, I have not been paid the remaining $3,000 owed. I have sent multiple notices by email and text. I gave him an ultimatum of today (12/2). He says he has been paid but checks need to clear and is going to pay me tomorrow (12/3). I told him if it is not paid tomorrow I will take the next steps. I will file a lien on the homeowner's property. I have to go out to the property on Monday to take photos and check on the construction status, which will include me filing a field report with him and the owner. Do I have to file a pre-lien notice to the owner, contractor, both...or do I not have to file one and just go straight to filing a lien on the property?

1 reply

Dec 3, 2021

Give my office a call 26-782-1712. I think you're out of time to file a lien as if considered a sub you needed to give preliminary notice within 30 days of starting the work then you have 60 days from date last worked to file the lien. You likely have claims though for breach of contract, among others. Happy to speak to you as a free initial consult. Best, Nick

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