PRE-LIEN NOTICE / NOTICE TO OWNER

State of Indiana – Pursuant to Ind. Code § 32-28-3-1(c)

[// GUIDANCE: This form is designed for use on Indiana construction projects to preserve the Claimant’s future mechanic’s-lien rights. It is drafted to satisfy the special “pre-lien” (a/k/a “Notice of Furnishing”) requirements that apply—under Ind. Code § 32-28-3-1(c)—to labor, services, or materials furnished for the improvement of an owner-occupied single- or double-family dwelling. If the project involves commercial property or a residential structure that is not owner-occupied, this specific notice is ordinarily not required, but consult counsel before omitting any notice.]

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. If the Owner has executed (or will execute) a mortgage or other encumbrance on the Property, this Notice must also be provided to each mortgagee of record.

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 served within thirty (30) days after the First Furnishing Date, as required by Ind. Code § 32-28-3-1(c), 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 entire statutory notice required under Ind. Code § 32-28-3-1(c).
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.

[// GUIDANCE: Execution by an officer, manager, or duly authorized signatory is recommended for entities. Notarization is not required to satisfy the statute, but may be added for evidentiary purposes.]

IX. CERTIFICATE OF SERVICE

I, the undersigned, hereby certify under penalty of perjury that on the day of _, 20__, I served a true and correct copy of this Pre-Lien Notice / Notice to Owner upon the following parties by [SELECT ONE] personal delivery, certified mail (return receipt requested), or other method providing written, third-party verification of delivery, as permitted under Ind. Code § 32-28-3-1(c)(4):

1. Owner: [Name & address]
2. Each mortgagee of record (if any): [Name & address or “None Known”]

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: ____

[// GUIDANCE: Retain the original executed Notice and all delivery receipts. Recordation of this Notice is not required, but if you later record a mechanic’s lien, attach this Notice and its service proof to the recorded “Notice of Intention to Hold Mechanic’s Lien.”]

END OF DOCUMENT