Jacksonville, FL asked in Construction Law for Indiana

Q: Can I place a construction lein on a nursing home in Indiana for worked preformed

If I was contracted by a company to preform labor and they failed to pay me for my services

Related Topics:
1 Lawyer Answer
Michael Ray Smith
Michael Ray Smith
  • Indianapolis, IN
  • Licensed in Indiana

A: Maybe, depending on the facts. One particularly important fact is how long it has been since you worked on the project. For this type of construction, assuming the nursing home is privately owned (other rules apply if it is publicly owned), you have 90 days after the last day you provided labor on the project to record a notice of intent to hold a lien with the county recorder in the county in which the construction project is located.

The Indiana Mechanic's Lien statute also provides another remedy that may or may not be helpful, assuming you were not hired directly by the owner of the project but rather by a general contractor or subcontractor. You may be be able to send the owner of the project a notice of personal liability, which makes the owner of the project directly liable to you, but only to the extent the owner has not yet paid everything owed to the prime contractor. If the owner has already paid in full, a notice of personal liability won't give you anything. The good thing is that there is no time limit on the notice of personal liability, so even if you have missed the window to file a lien, you can hold the owner directly liable to you. The way that usually plays out is that the owner will refuse to pay the prime contractor until the prime contractor pays you and secures a signed release from you.

As always with these questions, this is not legal advice, and there may be other facts that change the situation. You should contact an Indiana lawyer about the possibility of recording a lien, serving the owner with a notice of personal liability, or both, and do it QUICKLY.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.