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How long does the G.C. have to complete change orders before the 90 days start ticking?

IndianaLien Deadlines Retainage

Is it true that the 90 day deadline does not start (in order to file a lien) if the G.C. still owes change orders and they acknowledge they owe change orders. They will not pay retainage and they use the change order to make you comply to agreement before they will pay. I understand that the 90 days does not begin counting until the paper work is complete as the well as project. Is this correct?

1 reply

May 12, 2020

Indiana's mechanics lien deadline on non-residential projects is 90 days after last furnishing and materials - which I'll assume is the 90 day period you're referring to above. Note, though, that's just a deadline. And, if your customer is refusing to pay you what you're owed, you're absolutely entitled to attempt to recover payment with options like sending a Notice of Intent to Lien or a mechanics lien filing before that date. Once that 90 day period passes, however, a lien claim can no longer be filed. As for when that clock starts - the last furnishing date will generally be the last date when work was performed on-site in accordance with the contract and change orders. However, minor corrective work and punch list work generally won't work to extend the lien filing period. Further, beware of unofficial change orders that aren't properly executed - because they may not work to extend that timeframe either. More discussion on last furnishing here: What’s the ‘Date Labor or Materials Last Delivered’ and How Can I Prove It? For information on Indiana mechanics lien claims: (1) Indiana Mechanics Lien Guide and FAQs; and (2) How to File a Mechanics Lien in Indiana – Step by Step Walkthrough.

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