How long do you have in Indiana to file a lien after a project is finished?

5 months ago

A subcontractor did work on our land. He rented equipment from a Business to use on the job. We paid the Subcontractor in full. Then we found out later, he did not pay the rental fee for the equipment he used on the job. The business now wants to throw a lien on our property for the rental fee the Subcontractor did not pay.

Chief Legal Officer Levelset

There are numerous rules and requirments that must be met in order for construction participants to retain lien rights on project in Indiana. Some of these requirements depend on the role of the party who wants to claim the lien, and some of the requirements depend on the type of project/property.

For projects in Indiana, an equipment lessor who contracts with a party other than the property owner must provide a preliminary notice to retain lien rights against a residential property. If the project is a repair or alteration of an existing residential property, the preliminary notice must within 30 days from first furnishing labor or materials for the project. If the project is for the new construction of a residence the notice may be provided within 60 days of first furnishing.

If the project is not residential in nature, there are no preliminary notice requirements, and the only deadline that must be met is the mechanics lien deadline itself. The deadline to file a mechanics lien in Indiana also depends on whether the project was residential in nature. For residential projects, the deadline to file the lien is 60 days after the claimant last furnished labor or material to the project; for all other projects, the deadline to file the lien is 90 days after the claimant’s last furnishing of labor or materials to the project.

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