• Menu
  • Skip to left header navigation
  • Skip to right header navigation
  • Skip to primary navigation
  • Skip to secondary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Contact Us (317) 692-9000

  • Facebook
  • Twitter
  • LinkedIn

Directions

Kroger Gardis Regas, LLP

Kroger Gardis & Regas, LLP

  • Firm
    • About Us
    • History
    • KGR in Our Community
    • TAGLaw®
  • Professionals
  • Practice Areas
  • Information
    • Blog
    • Doing Business in Indiana: A Reference Guide
    • Representing Buyers and Sellers in Acquisitions of Privately Held Companies
    • Receiverships & Class Actions
  • Legal Lessons
    • Courses
    • Login
    • Account
  • News
  • Careers
  • Contact
  • Search
  • Firm
    • About Us
    • History
    • KGR in Our Community
    • TAGLaw®
  • Professionals
  • Practice Areas
  • Information
    • Blog
    • Doing Business in Indiana: A Reference Guide
    • Representing Buyers and Sellers in Acquisitions of Privately Held Companies
    • Receiverships & Class Actions
  • Legal Lessons
    • Courses
    • Login
    • Account
  • News
  • Careers
  • Contact
  • Search
You are here: Home / Blog / Don’t Forget to File Your Mechanic’s Lien

Don’t Forget to File Your Mechanic’s Lien

November 5, 2014 //  by Jennifer Watt

Timely filing your mechanic’s lien is important as it may make the difference in receiving payment before other creditors or being relegated to the end of the line.  It will also allow you to recover your attorneys’ fees if your contract does not already have a clause allowing recovery of fees.  You will forfeit your lien rights if you miss the filing deadline by even one day.

In Indiana, there are two different deadlines to keep in mind depending on the type of project you are working on.  If you are working on a project that involves a commercial or industrial project and regulated public utilities you must file your mechanic’s lien notice within 90 days after last performance of labor or furnishing materials to the project.   If your project involves a single or double family dwelling, the mechanic’s lien notice must be filed within 60 days after last performance of labor or furnishing materials to the project.  See Ind. Code §32-28-3-3.

Once expired, the time cannot be revived by doing incidental work on the project.  The lien must be based upon work that was required under the contract. Other work performed gratuitously or for work not contemplated by the original contract will not extend the time for filing your mechanics lien.

Also, keep in mind that a mechanic’s lien is recorded when the lien is file stamped by the recorder’s office, not when the lien was mailed.  Ind. Code §32-28-5-5.  Therefore, if the deadline is fast approaching, walk the lien over to the recorder’s office in person.

If you have not received timely payment, always remember to keep these deadlines in mind.  Otherwise, you will risk losing your mechanics lien rights all together.

Category: Blog, Construction LawTag: construction, Jennifer Watt, Mechanic's Lien, Project

Previous Post: « Can You “Litigation-Proof” Your Estate Plan? 
Next Post: Congratulations to KGR’S Super Lawyers Business Edition 2014 »

Primary Sidebar

If you are interested in our services please fill out the form below.

    Your Name (required)

    Your Email (required)

    Phone (required)

    Subject

    Your Message

    RECENT POSTS

    Practical Legal Issues regarding Vaping and Schools

    The tobacco use intervention strategies of the past may have low …

    The Federal Trade Commission Announced a Ban on Non-Compete Agreements: What Does That Mean for Your Business?

    We won’t bury the lede: it could be huge, but it’s also probably …

    2 New Attorneys, 1 Paralegal Join KGR

    KGR is thrilled to start the New Year with two new attorneys Wes …

    KGR Obtains Preliminary Injunction Against City of Bloomington in Free Speech Case

    Turning Point USA (TPUSA) and its local chapter on the Indiana …

    KGR Attorneys File Lawsuit Against USA Track & Field to Advance Athlete Health & Safety

    KGR’s Sports and Entertainment Law Team, led by KGR Partner Bill …

    Footer

    Indianapolis Office

    Kroger, Gardis & Regas, LLP

    111 Monument Circle, Suite 900 Indianapolis, IN 46204

    (317) 692-9000
    (317) 264-6832
    Directions

    Connect with us!

    • Facebook
    • LinkedIn
    • Twitter

    Newsletter

    Select list(s) to subscribe to


    By submitting this form, you are consenting to receive marketing emails from: Kroger, Gardis & Regas, LLP, 111 Monument Circle, Indianapolis, IN, 46204, http://www.kgrlaw.com. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact

    Copyright © 2023 · Kroger, Gardis & Regas, LLP · Log in