Indiana Mechanic’s Lien

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Below is an overview of the preliminary steps for filing a mechanic’s lien in the state of Indiana.

COMMERCIAL:

  • Upfront Notice: BICA sends a Courtesy Notice.
  • Follow-up Notice (if not paid):
    • Notice to Owner of Personal Liability (Stop Notice):
      • This is a remedy if you are not being paid by the Contractor. It shifts “to the owner the burden of the general contractor’s financial difficulties”.
      • It does not lead to a lien but makes claimant an unsecured creditor of the Owner. It can be used in addition to lien remedies.
      • There is no time limit. However it only applies to funds not yet paid to the General Contractor, so you may wish to use this when payments are past due.
      • This notice is available on the BICA member portal.

RESIDENTIAL:

  • Upfront Notice:
    • Pre-Lien Notice:
      • Required if not working directly with Owner.
      • For existing construction (Alteration/Repair):
        • Must be sent within 30 days of first furnishing labor or materials.
      • For new construction:
        • Notice required within 60 days of first furnishing labor or materials.
        • It also must be filed with the County Recorder.
  • Follow-up Notice (if not paid):
    • Notice to Owner of Personal Liability:
      • This is a remedy if you are not being paid by the Contractor. It shifts “to the owner the burden of the general contractor’s financial difficulties”.
      • It does not lead to a lien but makes claimant an unsecured creditor of the Owner. It can be used in addition to lien remedies.
      • There is no time limit. However it only applies to funds not yet paid to the General Contractor, so you may wish to use this when payments are past due.
      • This notice is available on the BICA member portal.

PUBLIC:

  • Upfront Notice: BICA sends a Courtesy Notice.
  • Follow-up Notice: There is no statutory follow-up notice.

Throughout our site you can find more resources on the process of filing mechanic’s liens and preliminary notices. If you’re ready to get started, be sure to reach out to us on our contact page, or call us at (800) 722-2422.