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What type of contract is needed in Indiana?

IndianaMechanics LienRecovery OptionsRight to Lien

As a contractor I began doing work, maintenance and upkeep on a home in Indiana (February 2000). The labor included weekly lawn care, snow removal, construction labor, cleaning, painting, carpet replacement, trash removal, landscaping, window cleaning, etc. I also purchased materials for the property for years. The owners died in 2013; however, I maintained the property until February 2020. I was to receive compensation from the owner's or the estate upon the passing of the owner. The estate owes me approximately $29K. Do I have a right to file a lien on the property?

2 replies

Jun 2, 2020
Mechanics lien rights are generally only available to work which has provided a permanent improvement to the project property. So, while construction and repairs will often give rise to lien rights, things like cleaning, maintenance, and snow removal generally won't. Considering the ongoing nature of the services and the amount at issue, it'd probably be wise to consult with an Indiana construction attorney to ensure that all relevant factors can be taken into account. It's possible that lien rights might be available for some work, but it's also likely that a large portion of the work done is not lienable. But, with that being said, other remedies like unjust enrichment might be on the table instead. And, consulting with a local attorney will help to identify what options make the most sense.
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Oct 1, 2020

I am attorney Nick Podlaski of Podlaski LLP. I handle a significant number of residential improvement/new home construction matters. This is some what of a complex issue as it pertains to a number of Indiana statutes regarding construction as well as probate law. Feel free to give my office a call at 260-782-1712 for a free 15 minute consultation to discuss this matter.

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