This package is designed to assist the corporation or limited liability company who provides labor, materials or services to improve real property in recovering money owed through a lien on the improved property. This package includes (1) Information about the Construction or Mechanics Lien Procedure, (2) Forms List, (3) Description of Forms, (4) Tips on completing the forms using form fields, (5) Forms, and (6) Access to a Law Summary for your state. This package does NOT include forms for the owner of the improved property.
We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use.
Click "here" to read our Cookie Policy. By clicking "Accept" you agree to the use of cookies. Read less
Read more
- US Legal Forms
- Localized Forms
- Indiana
- Fort Wayne
-
Indiana Construction or Mechanics Lien Package - Corporation or LLC
Fort Wayne Indiana Construction or Mechanics Lien Package - Corporation or LLC
Category:
State:
Indiana
City:
Fort Wayne
Control #:
IN-P091A-PKG
Format:
Word;
Rich Text
Instant download
Description
Free preview
Related forms
Viewed forms
How to fill out Fort Wayne Indiana Construction Or Mechanics Lien Package - Corporation Or LLC?
If you’ve already utilized our service before, log in to your account and save the Fort Wayne Indiana Construction or Mechanics Lien Package - Corporation or LLC on your device by clicking the Download button. Make certain your subscription is valid. Otherwise, renew it according to your payment plan.
If this is your first experience with our service, adhere to these simple actions to obtain your file:
- Make sure you’ve located a suitable document. Read the description and use the Preview option, if available, to check if it meets your requirements. If it doesn’t suit you, utilize the Search tab above to obtain the proper one.
- Purchase the template. Click the Buy Now button and pick a monthly or annual subscription plan.
- Register an account and make a payment. Utilize your credit card details or the PayPal option to complete the transaction.
- Get your Fort Wayne Indiana Construction or Mechanics Lien Package - Corporation or LLC. Pick the file format for your document and save it to your device.
- Complete your sample. Print it out or take advantage of professional online editors to fill it out and sign it electronically.
You have constant access to every piece of paperwork you have bought: you can find it in your profile within the My Forms menu whenever you need to reuse it again. Take advantage of the US Legal Forms service to quickly locate and save any template for your individual or professional needs!
Form Rating
4.7
Satisfied(337)
Form popularity
FAQ
The purpose of Indiana's mechanic's lien statute is to provide a contractor a remedy for unpaid labor or materials furnished to the improvement of real property. Information on specific requirements for filing a mechanic's lien and release can be found in Indiana Code 32-28-3 and 32-28-6.
Filing a Mechanic's Lien in Indiana Under Indiana Code § 32-28-3-3(a), a mechanic's lien must be filed by a sworn statement and notice intent to hold a lien on the property for the amount of the claim in the recorder's office of the county where the property is located.
ANSWER: Indiana mechanic liens are good for one year from the date the notice of intention to hold a mechanic lien is recorded with the county recorder's office. If the lien holder fails to file a lawsuit within that one-year period, the lien becomes void automatically by operation of law.
Indiana's Mechanic's Lien Statute generally requires a claimant to record its mechanic's lien within 60 days for work on residential projects or work upon improvements related to a residential project, or 90 days for commercial and industrial projects, ?after performing labor or furnishing materials.? Ind.
You may use our online services or search records at the Marion County Recorder's Office to see if there is a lien on your property. If a lien is filed against your property, contact the lienholder for more information. Generally, the lienholder is the only party able to release the lien.
Recording requirements Indiana claimants must record their mechanics lien with the recorder's office in the county where the property is located. Claimants must provide at least two copies of the Indiana mechanics lien form.
The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.
Indiana's Mechanic's Lien Statute generally requires a claimant to record its mechanic's lien within 60 days for work on residential projects or work upon improvements related to a residential project, or 90 days for commercial and industrial projects, ?after performing labor or furnishing materials.? Ind.
An original contractor who performed work or supplied materials to an owner-occupied single-family residence must give the owner written notice within 10 days of recording a lien on the property. This notice is considered served when sent or personally delivered.
Fort Wayne Indiana Construction or Mechanics Lien Package - Corporation or LLC Related Searches
-
indiana mechanics lien paperwork
-
who can file a mechanics lien
-
indiana mechanic's lien statute
-
indiana mechanic's lien vehicle
-
how to fight a mechanics lien in indiana
-
how do i file a mechanics lien
-
how to file a mechanics lien in indiana
-
indiana lien laws
-
indiana mechanics lien paperwork
-
how to file a mechanics lien in ny
More info
Members' ability to provide housing that is safe and affordable for Hoosiers. IBA takes an active role in the following issues impacting home builders:.If you're looking to rent a new home in the North Brunswick Neighborhood in North Brunswick, NJ you're in luck!
Trusted and secure by over 3 million people of the world’s leading companies
Fort Wayne Indiana Construction or Mechanics Lien Package - Corporation or LLC
Change state
To change the state, select it from the list below and press Change state.
Changing the state redirects you to another page.
Indiana
Change state
-
No results found.
-
Indiana
-
Alabama
-
Alaska
-
Arizona
-
Arkansas
-
California
-
Colorado
-
Connecticut
-
Delaware
-
Florida
-
Georgia
-
Hawaii
-
Idaho
-
Iowa
-
Kansas
-
Kentucky
-
Louisiana
-
Maine
-
Maryland
-
Massachusetts
-
Minnesota
-
Mississippi
-
Missouri
-
Montana
-
Nebraska
-
Nevada
-
New Hampshire
-
New Jersey
-
New Mexico
-
New York
-
North Carolina
-
North Dakota
-
Ohio
-
Oklahoma
-
Oregon
-
Pennsylvania
-
Rhode Island
-
South Carolina
-
South Dakota
-
Tennessee
-
Texas
-
Utah
-
Vermont
-
Virginia
-
Washington
-
West Virginia
-
Wisconsin
-
Wyoming
Law summary
Indiana Construction or Mechanics Lien Package - Corporation or LLC
Note: This summary is not intended to be an all inclusive discussion of Indiana’s Mechanic’s Lien Statute as it applies to private project construction, but does include basic provisions.
Where can I find the Indiana Mechanic’s Lien Laws for Private Construction?
See Indiana Code, Title 32 – Property, Article 28 – Liens on Real Property.
What is a Construction or Mechanic’s Lien?
A mechanic’s or construction lien is a statutory lien created in favor of contractors, laborers and materialmen who have performed work or furnished materials in the construction or repair of a building or other real property. The lien attaches to the real property improved by the labor and / or material. The lien has the effect of encumbering the property, thereby insuring payment for the lien holders work, materials or equipment.
How does the mechanic’s lien assist the collection of monies relating to the private projects or improvements?
The Indiana Mechanics’ Lien Statute provides for the ultimate seizure and sale of the property owner’s interest in the real estate to recover the unpaid debt, costs and reasonable attorney’s fees. There are basically three steps in the process: (1) File and “perfect” the Lien; (2) file the lawsuit; and (3) obtain a judgment and execute on that judgment.
What does “perfecting a lien” mean?
It means to satisfy or complete each of the statutorily prescribed steps a lienholder must take in order to establish a legally enforceable lien on the property of another.
Is it possible in Indiana to agree by contract between the owner and the principal contractor that a lien shall not attach to the real estate, building, structure or any other improvement of the owner?
Yes, a contract for the construction, alteration or repair of a Class 2 structure (structure containing one or two dwelling units), or improvement to that structure; construction, alteration or repair of property associated with power generation; or, to prepare property for Class 2 residential construction, may contain a provision in the contract between the owner and the principal contractor that a lien may not attach to the real estate, building, structure, or any other improvement of the owner. BUT, such a contract must satisfy the following requirements:
(1) be in writing;
(2) contain specific reference by legal description of the real estate to be improved;
(3) be acknowledged as provided in the case of deeds; and
(4) be filed and recorded in the recorder’s office of the county in which the real estate, building, structure, or other improvement is situated not more than five
(5) days after the date of execution of the contract.
Note that such a contract is not retroactive and will not affect a lien for labor, material, or machinery supplied before the filing of the contract with the recorder. See I.C. § 32-28-3-1(e)-(g).
Who can file a mechanic’s lien in Indiana?
Indiana statutes permit a lien claim by any person that sells or furnishes on credit any material, labor or machinery for (a) the alteration or repair of a any owner occupied single or double family dwelling, or (b) the original construction of a single or double family dwelling, or (c) construction, alteration, or repair of a Class 2 structure as defined by IC 22-12-1-5. For general commercial construction and unique types of construction that may also qualify for a lien, see IC 32-8-3-1.
What type of notice is required before the mechanic’s lien will attach?
The Indiana Code distinguishes between parties dealing directly with the property owner (“in privity of contract”) and those not dealing directly with the property owner (“not in privity of contract”). The issue is simply one of notice. A one to one relationship leads to the inference that the owner would be aware of the contract with the individual claiming the lien.
Anyone furnishing material, labor or machinery for the “alteration or repair” of an owner occupied single or double family dwelling, and who is not “in privity,” must furnish a written notice of the delivery of materials or labor performed and of the existence of lien rights not later than thirty (30) days after the date of first delivery or labor performed. . See I.C. § 32-28-3-1(h) and Forms IN-01-09 and IN-01A-09.
Anyone furnishing material, labor or machinery for the “original construction” of a single or double family dwelling for the intended occupancy of the owner and who is not “in privity” must furnish a written notice of the delivery or work and of the existence of lien rights to the owner, and record a copy in the county recorder’s office, and not later than sixty (60) days after the date of first delivery or labor performed. See I.C. § 32-28-3-1(i) and Forms IN-02-09 and IN-02A-09.
Anyone furnishing material, labor or machinery on a commercial construction project need not file a “notice of furnishing” or give another form of notice to the owner that they are on the job and providing material or services that may result in a lien.
How is the Lien “filed” or “perfected” in Indiana?
Once again it depends on the whether the claimant has a direct relationship with the owner determines the method for “filing” or “perfecting” the lien.
It is a 2 Step Process if there is no privity with the owner and the project concerns a property that the owner intends to occupy:
A. Within thirty (30) days of the supplier first supplying labor, materials or equipment on the job site, the contractor or supplier must serve the property owners with written notice that the contractor has supplied labor, materials or equipment for the owner’s project and that the contractor or supplier has lien rights. See I.C. § 32-28-3-3(h) and Forms IN-01-09 and IN-01A-09 for property involving alteration or repairs. See I.C. § 32-28-3-3(i) and Forms IN-02-09 and IN-02A-09 for property involving new or original construction.
B. Within sixty (60) days of the last day the contractor or supplier, described in A., provided labor, materials or equipment on the job site, the contractor or supplier must file a NOTICE OF LIEN with the Recorder’s Office in the County where the project is located. See I.C. § 32-28-3-3 and Forms IN-03-09 and IN-03A-09 OR IN-04-09 and IN-04A-09.
For “In Privity” Claimants and Commercial or Industrial Contractors and Suppliers providing labor, materials or equipment on a commercial construction project, regardless of privity, they need only carry out one step in order to perfect their lien: File the Notice of Mechanics Lien within 60 days of last day labor, materials or equipment was supplied. See I.C. § 32-28-3-3 and Forms IN-03-09 and IN-03A-09.
How long does the Lien remain enforceable?
In Indiana, as a general rule, the lien holder must file a suit to enforce his lien within one (1) year of the filing of his Claim of Lien or have his lien rendered null and void. Indiana statute does allow for the extension of this period if the leinholder and all parties with an interest in the property file a written agreement to that effect within the one (1) year period. IC 32-8-3-6(a)(2).
Are Indiana mechanic’s liens assignable?
Indiana statutes on construction liens do not specifically speak to whether liens may be assigned to other parties.
Does this State require a notice prior to starting work, or after work has been completed?
No. Indiana statutes do not require a Notice of Commencement or a Notice of Completion as in some other States.
Does this State permit a person with an interest in property to deny responsibility for improvements?
No. Indiana statutes do not have a provision which permits the denial of responsibility for improvements.
Is a notice attesting to the discharge or satisfaction of a lien provided for or required in Indiana?
When the lien is satisfied, the holder or custodian of a mechanic’s lien must discharge, release and acknowledge satisfaction of the mechanic’s lien using an instrument that complies with statute. See I.C. § 32-28-1-1 and Forms: Discharge – IN-08-09, IN-08A-09; Partial Discharge – IN-09-09, IN-09A-09. IN-010-09, IN-010A-09.
Does the law in Indiana provide for a penalty is a lien holder wrongfully refuses to discharge or acknowledge satisfaction of the lien?
Yes. If the owner, or other person having the right to demand the release of the lien makes a written demand in proper form to the holder or owner of the lien to discharge or acknowledge satisfaction of the lien and the lien holder refuses to act after 15 days of receipt, the court can order a penalty up to a maximum of $500.00, costs and a reasonable attorneys fee. See I.C. § 32-28-1-2.
Does the Indiana Code contain other provisions relating to the release of mechanic’s liens?
Yes. See Chapter 6, § § 32-28-6-1 and 32-28-6-2 which provides penalties when a lienholder refuses to release a lien that has been paid. This subsection provides for the filing of a affidavit by the owner or other party with an interest attesting to (1) lapse of 13 months or more since the lien was filed; (2) no suit has been filed for enforcement of the lien; and (3) no unsatisfied judgment has been rendered on the lien. See IN-08-09 Release of Lien as an example of a form that could be used by a lien holder to provide a property owner with documentation that the lien has been satisfied after payment in full.
Does Indiana have a mechanism for the owner to use in shortening the one year window for enforcement of the lien?
Indiana law does permit a property owner to serve a Notice of Demand to Commence Suit (Form IN-06-09 and IN-06A-09) upon a lien holder. The lien holder then has thirty (30) days from receipt of that demand to file suit or have his lien rendered null and void. After thirty (30) days the property owner or other party in interest may file with the county recorder an affidavit which states that a demand to commence suit was made and time within which to respond has expired. See IN-011-09 and IN-011A-09. Indiana law requires a county recorder to certify in the county record that said lien is fully released. IC 32-8-3-10.
Does this Indiana permit the use of a bond to release a lien?
Yes. Indiana statute states that “In all proceedings commenced to enforce the lien, the defendant or owner of the property… may file in such proceedings a written undertaking with surety to be approved by the court … Upon the filing of such an undertaking, the court shall enter an order releasing said property from such lien and thereafter such property shall be discharged from said lien.” IC 32-8-3-11.
Legal definition
Indiana Construction or Mechanics Lien Package - Corporation or LLC
Note: This summary is not intended to be an all inclusive discussion of Indiana’s Mechanic’s Lien Statute as it applies to private project construction, but does include basic provisions.
Where can I find the Indiana Mechanic’s Lien Laws for Private Construction?
See Indiana Code, Title 32 – Property, Article 28 – Liens on Real Property.
What is a Construction or Mechanic’s Lien?
A mechanic’s or construction lien is a statutory lien created in favor of contractors, laborers and materialmen who have performed work or furnished materials in the construction or repair of a building or other real property. The lien attaches to the real property improved by the labor and / or material. The lien has the effect of encumbering the property, thereby insuring payment for the lien holders work, materials or equipment.
How does the mechanic’s lien assist the collection of monies relating to the private projects or improvements?
The Indiana Mechanics’ Lien Statute provides for the ultimate seizure and sale of the property owner’s interest in the real estate to recover the unpaid debt, costs and reasonable attorney’s fees. There are basically three steps in the process: (1) File and “perfect” the Lien; (2) file the lawsuit; and (3) obtain a judgment and execute on that judgment.
What does “perfecting a lien” mean?
It means to satisfy or complete each of the statutorily prescribed steps a lienholder must take in order to establish a legally enforceable lien on the property of another.
Is it possible in Indiana to agree by contract between the owner and the principal contractor that a lien shall not attach to the real estate, building, structure or any other improvement of the owner?
Yes, a contract for the construction, alteration or repair of a Class 2 structure (structure containing one or two dwelling units), or improvement to that structure; construction, alteration or repair of property associated with power generation; or, to prepare property for Class 2 residential construction, may contain a provision in the contract between the owner and the principal contractor that a lien may not attach to the real estate, building, structure, or any other improvement of the owner. BUT, such a contract must satisfy the following requirements:
(1) be in writing;
(2) contain specific reference by legal description of the real estate to be improved;
(3) be acknowledged as provided in the case of deeds; and
(4) be filed and recorded in the recorder’s office of the county in which the real estate, building, structure, or other improvement is situated not more than five
(5) days after the date of execution of the contract.
Note that such a contract is not retroactive and will not affect a lien for labor, material, or machinery supplied before the filing of the contract with the recorder. See I.C. § 32-28-3-1(e)-(g).
Who can file a mechanic’s lien in Indiana?
Indiana statutes permit a lien claim by any person that sells or furnishes on credit any material, labor or machinery for (a) the alteration or repair of a any owner occupied single or double family dwelling, or (b) the original construction of a single or double family dwelling, or (c) construction, alteration, or repair of a Class 2 structure as defined by IC 22-12-1-5. For general commercial construction and unique types of construction that may also qualify for a lien, see IC 32-8-3-1.
What type of notice is required before the mechanic’s lien will attach?
The Indiana Code distinguishes between parties dealing directly with the property owner (“in privity of contract”) and those not dealing directly with the property owner (“not in privity of contract”). The issue is simply one of notice. A one to one relationship leads to the inference that the owner would be aware of the contract with the individual claiming the lien.
Anyone furnishing material, labor or machinery for the “alteration or repair” of an owner occupied single or double family dwelling, and who is not “in privity,” must furnish a written notice of the delivery of materials or labor performed and of the existence of lien rights not later than thirty (30) days after the date of first delivery or labor performed. . See I.C. § 32-28-3-1(h) and Forms IN-01-09 and IN-01A-09.
Anyone furnishing material, labor or machinery for the “original construction” of a single or double family dwelling for the intended occupancy of the owner and who is not “in privity” must furnish a written notice of the delivery or work and of the existence of lien rights to the owner, and record a copy in the county recorder’s office, and not later than sixty (60) days after the date of first delivery or labor performed. See I.C. § 32-28-3-1(i) and Forms IN-02-09 and IN-02A-09.
Anyone furnishing material, labor or machinery on a commercial construction project need not file a “notice of furnishing” or give another form of notice to the owner that they are on the job and providing material or services that may result in a lien.
How is the Lien “filed” or “perfected” in Indiana?
Once again it depends on the whether the claimant has a direct relationship with the owner determines the method for “filing” or “perfecting” the lien.
It is a 2 Step Process if there is no privity with the owner and the project concerns a property that the owner intends to occupy:
A. Within thirty (30) days of the supplier first supplying labor, materials or equipment on the job site, the contractor or supplier must serve the property owners with written notice that the contractor has supplied labor, materials or equipment for the owner’s project and that the contractor or supplier has lien rights. See I.C. § 32-28-3-3(h) and Forms IN-01-09 and IN-01A-09 for property involving alteration or repairs. See I.C. § 32-28-3-3(i) and Forms IN-02-09 and IN-02A-09 for property involving new or original construction.
B. Within sixty (60) days of the last day the contractor or supplier, described in A., provided labor, materials or equipment on the job site, the contractor or supplier must file a NOTICE OF LIEN with the Recorder’s Office in the County where the project is located. See I.C. § 32-28-3-3 and Forms IN-03-09 and IN-03A-09 OR IN-04-09 and IN-04A-09.
For “In Privity” Claimants and Commercial or Industrial Contractors and Suppliers providing labor, materials or equipment on a commercial construction project, regardless of privity, they need only carry out one step in order to perfect their lien: File the Notice of Mechanics Lien within 60 days of last day labor, materials or equipment was supplied. See I.C. § 32-28-3-3 and Forms IN-03-09 and IN-03A-09.
How long does the Lien remain enforceable?
In Indiana, as a general rule, the lien holder must file a suit to enforce his lien within one (1) year of the filing of his Claim of Lien or have his lien rendered null and void. Indiana statute does allow for the extension of this period if the leinholder and all parties with an interest in the property file a written agreement to that effect within the one (1) year period. IC 32-8-3-6(a)(2).
Are Indiana mechanic’s liens assignable?
Indiana statutes on construction liens do not specifically speak to whether liens may be assigned to other parties.
Does this State require a notice prior to starting work, or after work has been completed?
No. Indiana statutes do not require a Notice of Commencement or a Notice of Completion as in some other States.
Does this State permit a person with an interest in property to deny responsibility for improvements?
No. Indiana statutes do not have a provision which permits the denial of responsibility for improvements.
Is a notice attesting to the discharge or satisfaction of a lien provided for or required in Indiana?
When the lien is satisfied, the holder or custodian of a mechanic’s lien must discharge, release and acknowledge satisfaction of the mechanic’s lien using an instrument that complies with statute. See I.C. § 32-28-1-1 and Forms: Discharge – IN-08-09, IN-08A-09; Partial Discharge – IN-09-09, IN-09A-09. IN-010-09, IN-010A-09.
Does the law in Indiana provide for a penalty is a lien holder wrongfully refuses to discharge or acknowledge satisfaction of the lien?
Yes. If the owner, or other person having the right to demand the release of the lien makes a written demand in proper form to the holder or owner of the lien to discharge or acknowledge satisfaction of the lien and the lien holder refuses to act after 15 days of receipt, the court can order a penalty up to a maximum of $500.00, costs and a reasonable attorneys fee. See I.C. § 32-28-1-2.
Does the Indiana Code contain other provisions relating to the release of mechanic’s liens?
Yes. See Chapter 6, § § 32-28-6-1 and 32-28-6-2 which provides penalties when a lienholder refuses to release a lien that has been paid. This subsection provides for the filing of a affidavit by the owner or other party with an interest attesting to (1) lapse of 13 months or more since the lien was filed; (2) no suit has been filed for enforcement of the lien; and (3) no unsatisfied judgment has been rendered on the lien. See IN-08-09 Release of Lien as an example of a form that could be used by a lien holder to provide a property owner with documentation that the lien has been satisfied after payment in full.
Does Indiana have a mechanism for the owner to use in shortening the one year window for enforcement of the lien?
Indiana law does permit a property owner to serve a Notice of Demand to Commence Suit (Form IN-06-09 and IN-06A-09) upon a lien holder. The lien holder then has thirty (30) days from receipt of that demand to file suit or have his lien rendered null and void. After thirty (30) days the property owner or other party in interest may file with the county recorder an affidavit which states that a demand to commence suit was made and time within which to respond has expired. See IN-011-09 and IN-011A-09. Indiana law requires a county recorder to certify in the county record that said lien is fully released. IC 32-8-3-10.
Does this Indiana permit the use of a bond to release a lien?
Yes. Indiana statute states that “In all proceedings commenced to enforce the lien, the defendant or owner of the property… may file in such proceedings a written undertaking with surety to be approved by the court … Upon the filing of such an undertaking, the court shall enter an order releasing said property from such lien and thereafter such property shall be discharged from said lien.” IC 32-8-3-11.
Sorry, this device is not supported
Please open this page on your desktop computer.