Sending an Indiana preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in Indiana.
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.
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.
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.
Give my office a call for a free consult. 260-782-1712. The Mechanic's lien statute has time sensitive requirements to file a perfected lien depending on the structure and your role. If it is zoned residential and you are the general you ahve 60 days from last furnishing materials and/or labor. We look forward to speaking with you. Best, Nick
Do I have to file Prelim notice? Notice of Intent to Lien? or??
Give my office a call 26-782-1712. I think you're out of time to file a lien as if considered a sub you needed to give preliminary notice within 30 days of starting the work then you have 60 days from date last worked to file the lien. You likely have claims though for breach of contract, among others. Happy to speak to you as a free initial consult. Best, Nick
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 aNotice 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.
First, download a free copy of the Indiana preliminary notice form, otherwise known as an Indian notice to owner. Levelset’s free forms are written by construction attorneys to meet the strict language and formatting requirements under Indian construction law. We make this part easy to get right.
Fill the form out
Be careful! Accuracy is important.
Next, fill your form out. Make sure you include all the required information, and that all the information you include is completely accurate. Mistakes on your your preliminary notice could eliminate your right to file a mechanics lien if you’re left unpaid on the project.
Deliver the form
Lastly, deliver your preliminary notice. Preliminary notices in Indiana must be sent 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.
Deliver your notice within the prescribed deadline to the property owner, and make sure your retain proof that the notice was properly served.
How to send a Preliminary Notice with Levelset
Select Preliminary Notice document.
Provide basic job information.
Levelset sends the document for you. Postage included!