Pre-lien Notice / Notice to Owner - Indiana

PRE-LIEN NOTICE / NOTICE TO OWNER

State of Indiana – Pursuant to Ind. Code § 32-28-3-1(h) (repair or alteration of an owner-occupied one- or two-family dwelling) and § 32-28-3-1(i) (original construction of a one- or two-family dwelling for owner occupancy)

I. DOCUMENT HEADER

Effective Date of Notice: __[DATE]__

Claimant (Party Giving Notice):
__[CLAIMANT LEGAL NAME]__
__[Address]__
__[Telephone / E-mail]__

Owner (Party Receiving Notice):
__[OWNER LEGAL NAME]__
__[Address of Owner]__

Project (Short Description): __[“Kitchen Remodel,” “New Build,” etc.]__

Property Location: __[Street Address, City, County, State of Indiana]__

Legal Description (optional but recommended):
__[Insert or attach full legal description]__

II. DEFINITIONS

For purposes of this Notice:

1. “Claimant” means the above-identified individual or entity that has furnished or intends to furnish Labor, Services, or Materials for the Improvement.
2. “Owner” means the record titleholder(s) of the Property.
3. “Improvement” means the construction, alteration, or repair work described in this Notice.
4. “First Furnishing Date” means the first calendar date on which the Claimant delivered Labor, Services, or Materials to the Property.
5. “Lien Law” means Indiana’s mechanic’s-lien statute, Ind. Code § 32-28-3 et seq.

III. OPERATIVE PROVISIONS

3.1 Statutory Notice

In accordance with the Lien Law, Claimant hereby gives written notice that:
a. Claimant has furnished or will furnish Labor, Services, or Materials for the Improvement of the Owner’s Property;
b. THIS IS NOT A LIEN. It is only a notice of Claimant’s right to record and foreclose a mechanic’s lien if Claimant is not paid; and
c. When the selected subsection applies, furnishing this Notice—and filing it under subsection (i)—is a condition precedent to Claimant’s right to acquire the lien described there.

3.1A Applicable Notice Deadline (select the track that applies)

☐ Repair or alteration of an owner-occupied one- or two-family dwelling — Ind. Code § 32-28-3-1(h): A person who sells or furnishes material, labor, or machinery on credit to a contractor, subcontractor, or mechanic (or to anyone other than the occupying owner) must furnish this written Notice to the occupying owner not later than thirty (30) days after the date of first delivery or labor performed. This Notice is not required to be recorded.

☐ Original construction of a one- or two-family dwelling intended for the owner’s occupancy — Ind. Code § 32-28-3-1(i): A claimant furnishing on credit to a contractor, subcontractor, mechanic, or anyone other than the owner or legal representative must (1) furnish this written Notice to the owner of record (as named in the applicable county transfer books) and (2) file a copy in the recorder's office of the county, both not later than sixty (60) days after the date of first delivery or labor performed.

Note on scope: This subsection (h)/(i) notice route does not apply to furnishing directly to the owner or legal representative, furnishing that was not on credit, or a project outside the two residential classes stated above. A different mechanic's-lien or personal-liability notice rule may still apply. The lien itself is later perfected by recording a Notice of Intention to Hold a Mechanic's Lien under Ind. Code § 32-28-3-3.

3.2 Work & Contract Details

a. First Furnishing Date: __[MM/DD/YYYY]__
b. General description of Labor / Materials: __[e.g., “install cabinetry and countertops,” “supply roofing materials,” etc.]__
c. Original Contract Price (or Estimated Value): $__[AMOUNT]__
d. Amount Paid to Date: $__[AMOUNT]__
e. Amount Currently Due & Owing: $__[AMOUNT]__

3.3 Reservation of Rights

Claimant expressly reserves all rights and remedies available under the Lien Law, any other applicable law, and the parties’ contracts, including (without limitation) the right to record a “Notice of Intention to Hold Mechanic’s Lien” and to commence lien-foreclosure proceedings should payment not be made in full.

IV. REPRESENTATIONS & WARRANTIES

1. Claimant represents that the above information is true and correct to the best of Claimant’s knowledge and belief.
2. Claimant warrants that it is duly licensed and authorized to perform the referenced work (if licensure is required).
3. Claimant further represents that this Notice is being furnished within the deadline required by the applicable track in Section 3.1A — thirty (30) days after the First Furnishing Date for repair or alteration of an owner-occupied dwelling (Ind. Code § 32-28-3-1(h)), or sixty (60) days for original construction of a dwelling for the owner’s occupancy (Ind. Code § 32-28-3-1(i), which also requires filing a copy with the county recorder) — to preserve Claimant’s lien rights.

V. DEFAULT & REMEDIES

If Owner fails to tender all sums due within the time required by applicable contract documents—or, if none, within ten (10) days of written demand—Claimant may, without further notice, (a) record a mechanic’s lien against the Property, (b) initiate foreclosure or other legal proceedings, and (c) recover all costs, reasonable attorneys’ fees, interest, and other amounts allowed by law.

VI. GOVERNING LAW & VENUE

This Notice and any resulting lien-enforcement action shall be governed by the laws of the State of Indiana. Venue shall lie exclusively in the state court of competent jurisdiction in the county where the Property is located.

VII. GENERAL PROVISIONS

1. Integration. This Notice constitutes the statutory pre-lien notice required under Ind. Code § 32-28-3-1(h) or (i), as applicable.
2. Severability. If any provision of this Notice is held invalid, the remaining provisions shall remain in full force and effect.
3. Electronic Copies. A facsimile, PDF, or other electronic reproduction of this executed Notice shall be deemed an original for all purposes.

VIII. EXECUTION

IN WITNESS WHEREOF, the Claimant has executed this Pre-Lien Notice / Notice to Owner on the Effective Date first written above.

IX. CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that on the ___ day of __________, 20__, I furnished a true and correct copy of this Pre-Lien Notice / Notice to Owner upon the following party by [SELECT ONE] personal delivery, certified mail (return receipt requested), or other method providing written, third-party verification of delivery. Ind. Code § 32-28-3-1(h) and (i) require that the written Notice be furnished to the owner but do not prescribe a delivery method; a method providing proof of delivery is used to document compliance:

1. Owner (occupying owner under (h); owner of record per the county auditor’s transfer books under (i)): __[Name & address]__
2. Original construction only — copy filed with the County Recorder of __[County]__ on __[DATE]__ (required by Ind. Code § 32-28-3-1(i)).

Proof of delivery (e.g., signed return receipt or delivery affidavit) is attached hereto or will be maintained in Claimant’s project file.

Signature: __________________________________
Printed Name: ________________________________
Date: ______________________

END OF DOCUMENT