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

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1 Lawyer Answer
Michael Ray Smith
PREMIUM
Michael Ray Smith
Answered
  • 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.

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