Original Contractor — Repair of Single/Double Residential Units (30-Day Notice)
For repair or alteration work on single or double family residential units, the original contractor must give notice to the owner within 30 days from the date of first furnishing labor or materials. This notice is a mandatory prerequisite to preserving mechanic lien rights on residential repair projects.
Failure to provide this 30-day notice may result in the loss of mechanics' mechanic lien rights for the work performed. The notice should be served promptly after the first day of furnishing labor or materials to the project.
Original Contractor — New Construction Residential (60-Day Notice)
For new construction on residential projects, the original contractor must give notice to the owner within 60 days of first furnishing labor or materials. IC §32-28-3-1. This extended deadline reflects the longer timeline typical of new construction projects.
This notice requirement applies only to residential projects. Non-residential new construction does not require a preliminary notice from the original contractor.
Subcontractor, Materialman, Lessor of Equipment, Laborer — Residential Notice (IC §32-28-3-1)
For single or double family dwelling units, subcontractors, materialmen, lessors of equipment, and laborers must serve a preliminary notice of furnishing within 30 days from the first day of performance for alterations or repair work. For new construction, this notice must be served within 60 days from the first day of performance.
This notice requirement applies only to residential projects under IC §32-28-3-1. The distinction between repair/alteration work (30 days) and new construction (60 days) is critical for calculating the correct deadline.
Leased Property — Notice to Owner Before Commencing Work (IC §32-28-3-9)
If the property where work is to be performed is leased, the claimant must give notice to the property owner before commencing work. IC §32-28-3-9. This requirement applies to all claimant types working on leased property.
This notice ensures that the property owner is aware that improvements are being made to the leased property and that potential mechanic lien rights may attach. Failure to provide this notice before starting work on leased property may jeopardize mechanic lien rights.
Personal Liability of Owner — Written Notice of Indebtedness (IC §§32-8-3-9 & 32-8-3-12)
Subcontractors, materialmen, lessors of equipment, and laborers may serve a written Notice of Indebtedness on the owner and general contractor. This notice creates a mechanic lien on any retainages or contract monies that are due.
Upon receipt of this notice, the owner becomes personally liable to the extent of retainages or contract monies if the owner fails to withhold the retainage. This remedy provides an additional layer of payment protection independent of the mechanics' mechanic lien.
Public Works — No Preliminary Notice Required
On public works projects in Indiana, including public buildings and highway projects, no preliminary notice is required from contractors, subcontractors, materialmen, or laborers to preserve payment bond claim rights.
However, a Verified Claim on Bond must be filed within the statutory deadlines. For public buildings, 2 copies must be filed with the Public Authority plus a copy sent to the Surety. For highway projects, 3 copies must be filed with the Public Authority. IC §§4-13, 5-16-2-1-5, 36-1-12-13.1, and 8-23-9-26.
Bonded Private Jobs — Verify Bond Terms
On bonded private projects, it is essential to verify the notice and suit provisions in all surety bonds. The limitations on time, form of notice, and filing requirements may vary with the terms of the individual bond.
Counsel should be consulted immediately upon learning of a bond requirement, and field or administrative personnel should obtain copies of bonds before performance starts.
Frequently Asked Questions
What preliminary notice is required for residential repair work in Indiana?
For repair or alteration work on single or double family dwelling units, the original contractor must give notice to the owner within 30 days of first furnishing. Subcontractors and materialmen must serve a preliminary notice of furnishing within 30 days of first performance. IC §32-28-3-1.
What is the notice deadline for new residential construction in Indiana?
For new construction on residential projects, the original contractor must give notice to the owner within 60 days of first furnishing. Subcontractors and materialmen must serve notice within 60 days of first performance. IC §32-28-3-1.
Is notice required when working on leased property in Indiana?
Yes. If the property is leased, the claimant must give notice to the property owner before commencing work. IC §32-28-3-9.
What is the Notice of Indebtedness in Indiana?
A written Notice of Indebtedness creates a mechanic lien on retainages or contract monies due. The owner becomes personally liable to the extent of retainages if the owner fails to withhold after receipt of notice. IC §§32-8-3-9 and 32-8-3-12.
Is a preliminary notice required on Indiana public works projects?
No. No preliminary notice is required for public works bond claims. However, a Verified Claim on Bond must be filed within the statutory deadlines with the Public Authority and Surety.
Do I need to check for a no-lien contract in Indiana?
Yes. Mechanics' mechanic liens are invalid if a validly recorded no-lien contract exists. It is essential to check with the county recorder to avoid slander of title problems.
Related Indiana Resources
Explore other critical compliance areas for Indiana construction mechanic lien law.
Mechanic Lien Deadlines
90-day and 60-day mechanic lien recording deadlines, retainage mechanic lien procedures, and filing requirements under IC §32-28-3-1
Mechanic Lien Enforcement Deadlines
1-year suit deadline, 30-day notice to commence suit, public works bond claim enforcement, and highway project litigation timelines
Indiana Overview
Return to the main Indiana construction mechanic lien law page