Indiana Preliminary Notice FAQs

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.

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.

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.

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.

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.

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

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.

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