Indiana Notice of Personal Liability Form

I'm not sure which page you are mentioning with respect to Illinois appearing in place of Indiana. I'm sorry for the confusion. We routinely examine and edit our website, but sometimes typographical or other similar errors slip through. With respect to Indiana requirements involving a 60-day time period, there are a couple possibilities.

1. Preliminary Notice

In Indiana, a preliminary notice is required from some parties on some jobs. Parties who do not contract directly with the property owner must give a preliminary notice when performing work on a residential project. If the project is for the original construction of a residence, the preliminary notice must be provided within 60 days of the claimant's first furnishing labor or materials to the project. Note, however, that this deadline is shortened to 30 days from first furnishing if the project is for the repair or alteration of an existing residence.

2. Mechanics Lien

The other potential 60-day deadline in Indiana is for the mechanics lien filing itself. For residential projects, a claimant must file a mechanics lien within 60 days from the date of last furnishing labor or materials. This deadline is pushed back to 90 days for projects other than residential projects.

Indiana preliminary notice requirements depend on the project, and the identity of the party with whom the construction participant contracted. Notice is never required for a party in direct contractual relation with the owner, but other parties are required to send (and sometimes file) a preliminary notice on residential projects. If the project is for the repair or alteration of a residential structure, the preliminary notice must be sent within 30 days from first furnishing labor or materials to the project. If the project is for the original construction of a residence, the preliminary notice must be provided within 60 days of first furnishing labor or materials. This notice should be sent by certified mail return receipt requested – additionally, for the new construction in a subdivision or a spec home, the notice must also be recorded in the recorder’s office in the county in which the project is located. These requirements are not dependent on knowing whether or not there will be payment issue on the project. They are strict requirements, and the 30-day or 60-day Notice to Owner of Mechanics Lien Rights is essential to a mechanics lien claim in Indiana. Failure to send (and sometimes record) the notice timely is fatal to mechanics lien rights. While the deadlines are set forth above, those are the last possible day the notices may be sent (and/or recorded). It is always best practice to provide preliminary notices before the last minute, so there is no issue with bumping into deadlines, and so that the notice can do it job of providing visibility into project participants sooner. Providing the notice is not a statement that a project participant is intending to file a lien, or any reflection on any other party - it's just a notice that is required to be sent by Indiana statutes.