Indiana Preliminary Notice Guide and FAQs

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Indiana Preliminary Notice FAQs

About Indiana Preliminary Notices

Indiana Preliminary Notice Rules
At a Glance


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Preliminary Notices Are Required in Some Cases

Preliminary notice is never required for a general contractor directly in contact with the property owner. It is also not typically required of utility, commercial or industrial projects. Preliminary notice is required, however, on residential projects for project participants not in direct contract with the owner.


N/A
GCs Not Required to Send Notice

Parties contracted by the property owner do not need to send notice.


30 or 60
DAYS
Subcontractors Must Send Notice

Preliminary notice is only strictly required on owner-occupied residential projects. The deadline is within 60 days of first furnishing for the new construction of a residential property, but for renovation projects, the deadline is shortened to 30 days.


30 or 60
DAYS
Suppliers Must Send Notice

Preliminary notice is only strictly required on owner-occupied residential projects. The deadline is within 60 days of first furnishing for the new construction of a residential property, but for renovation projects, the deadline is shortened to 30 days.


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Notice Cannot be Sent Late

The 30-day or 60-day notice to owner of mechanics lien rights is a strict requirement in Indiana, and the deadline is just as strict. Failure to send (and sometimes record) the notice timely is fatal to mechanics lien rights.

However, there is no time limit by which a notice to owner of personal liability must be filed; therefore, it is impossible to send this notice late.


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Send to Owner

The notice of mechanics lien rights is only required to be sent to the property owner in Indiana, unless it is a situation in which the notice must also be filed. If providing a notice to owner of personal liability, it must be sent only to the property owner.

Preliminary notice not required in WV
Preliminary Notice Not Required

Indiana does not specifically require any party to send preliminary notice in order to retain the right to make a claim against a payment bond or against the contract funds due a general contractor on a public project.


X
N/A

On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.


X
No Notice Required from Subs

Indiana does not require preliminary notices be sent to preserve the right to make a claim against a payment bond on a public project.


X
No Notice Required from Suppliers

Indiana does not require preliminary notices be sent to preserve the right to make a claim against a payment bond on a public project.

    Indiana preliminary notices are not specifically required for a party who contracted directly with the property owner. This makes sense, because the general purpose of preliminary notices is to provide visibility and shine a light on otherwise “hidden” parties.

    Indiana has also decided, however, that preliminary notice is also not typically required on utility, commercial or industrial projects. Preliminary notice is required, however, on residential projects for project participants not in direct contract with the owner. The notice required is called a Preliminary Notice to Owner of Mechanic’s Lien Rights and can be sent to the property owner via certified mail with return receipt requested. If the notice is for the repair or alteration of a property it must be sent within 30 days from first furnishing labor or materials for the project. However, if it is for original construction, the notice must be sent 60 days prior to the first day of providing labor or materials on a project. Even further, original residential construction in a subdivision or of a spec home requires that the preliminary notice be recorded at the office of the recorder in the county where the property is located.

    An option to further secure rights includes sending a Notice to Owner of Personal Liability that works similar to a Stop Notice. Because it is not required there is no deadline by which it must be sent. It should be sent to the property owner via certified mail with return receipt requested.

    Preliminary Notice Frequently Asked Questions

    If you're sending preliminary notices in Indiana, it's important to understand the rules and requirements in order to make sure the notice is compliant and sufficient. Since prelims are subject to a lot of complex rules and requirements, this can all be difficult. These are some frequently asked questions about the notice process in Indiana.

    Prelim FAQs on Private Projects

    Do I Need to Send a Indiana Preliminary Notice?

    It depends. Notice is never required for a party in direct contractual relation with the owner.

    For all other parties, the notice required depends on the project. All parties not in direct contractual relation with the property owner, and who provided labor or materials to a residential project, must provide Preliminary Notice to Owner of Mechanic’s Lien Rights. This notice must be sent within 30 days from first furnishing labor or materials to the project if the project is for the repair or alteration of the residential structure.

    If the project is for the original construction of the residence, this 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.

    All parties not in direct contractual relation with the property owner may also serve on the owner a Notice to Owner of Personal Liability that works similarly to a Stop Notice. This notice should be sent certified mail, return receipt requested.

    When do I Need to Send a Indiana Preliminary Notice?

    For the repair or alteration of an existing owner-occupied residential structure, the Notice of Mechanics Lien Rights must be sent within 30 days from first furnishing labor or materials. For the new construction of a residential structure, (when this notice is required) the Notice of Mechanics Lien Rights must be sent within 60 days from first furnishing labor or materials. There is no time limit for sending a Notice to Owner of Personal Liability. Here’s an expert answer about when the clock starts ticking for the purposes of determining preliminary notice deadlines.

    What if I Send the Indiana Preliminary Notice Late?

    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. There is no time limit by which a Notice to Owner of Personal Liability must be filed; therefore, it is impossible to send this notice late. days after a Notice of Completion is filed is completely without effect.

    How Should the Indiana Preliminary Notice be Sent?

    The Notice to Owner of Mechanics Lien Rights should be sent to the owner by certified mail, return receipt requested. If the project is the new construction of a residence 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. The Notice to Owner of Personal Liability must be sent to the owner by certified mail, return receipt requested.

    Do I Have to Send the Indiana Preliminary Notice to Someone Other than the Owner?

    The Notice to Owner of Mechanics Lien Rights is only required to be sent to the owner of the property unless it is a situation in which it must also be filed in the recorder’s office. The Notice to Owner of Personal Liability is only required to be sent to the owner of the property.

    Is the Indiana Preliminary Notice Requirement met when sent or delivered?

    Notices are considered delivered when sent, and considered recorded when recorded.

    Prelim FAQs on Public Projects

    Do I Need to Send a Indiana Preliminary Notice?

    No. Indiana does not require any preliminary notice to be given to preserve the right to make a bond claim on a public project, nor to make a claim on the contract funds due to the general contractor.

    When do I Need to Send a Indiana Preliminary Notice?

    N/A

    What if I Send the Indiana Preliminary Notice Late?

    N/A

    How Should the Indiana Preliminary Notice be Sent?

    N/A

    To Whom Must the Indiana Preliminary Notice be Given?

    N/A

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    Indiana Preliminary Notice Form Template

    The Indiana preliminary notice form is regulated by statute. This doesn’t mean that the form has to look at a certain way, but it does mean that the document must contain certain information. The forms provided here for free by Levelset are compliant with the Indiana rules, and specifically formulated to be non-confrontational and promote visibility on construction projects to get participants paid. You can download them for free, or use our system to send or request them easily.

    Indiana Pre-Lien Notice to Owner Form - free from

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