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.

There are a lot of factors to consider when determining whether or not a mechanics lien might be appropriate.

Filing a mechanics lien when the amount unpaid is unclear

For one, mechanics liens are generally available when payment is expected for the work that's been performed. So, where some form of a barter was contemplated, that can complicate the ability to lien since there isn't a contract price or expected payment to base the lien filing off of. Still, a claimant may be able to establish the cost of their work in other ways. And, § 32-28-3-1 of the Indiana mechanics lien statute states that a lien may be filed "to the extent of the value of any labor done or the material furnished, or bothDeadline for filing an Indiana mechanics lien..."

The deadline for a mechanics lien on residential property is short in Indiana

Note also that Indiana has a very short mechanics lien deadline for residential construction projects. When the work was on a residential property, a lien claimant must file their lien within 60 days of last furnishing labor or materials to the project. And, if that deadline comes and goes without a lien being filed, then any lien filed afterward would be invalid and unenforceable. So, even where a valid mechanics lien might have been an option, and even when there's a provable underlying debt - the right to lien may be lost if too much time passes before the lien is filed.

How to file an Indiana mechanics lien

If the deadline to file a mechanics lien hasn't passed, and if the claimant can show (and prove) what they're owed for their work, then a mechanics lien claim may well be an effective recovery option. If you'd like more background on how exactly to pursue a lien claim, or what other considerations should come into play when filing a lien, here are some great resources: -  Indiana Mechanics Lien Guide and FAQs - Mechanics Lien Indiana: How to File a Mechanics Lien in Indiana

Recovery options outside of the mechanics lien process

Of course, a mechanics lien is only one recovery tool. A party who goes unpaid for their work may have other options. Particularly, as you mentioned above, unjust enrichment can help to recover construction payments when there's no contract or set price for the work. For the most clarity on what options may be available to you, it'd be helpful to reach out to an Indiana construction attorney. They'll be able to review your circumstances and advise on how best to move forward. Further, Levelset has this resource which may be valuable: Can’t File a Lien? Here Are Some Other Options For Recovery.