Personal Liability Notice - Indiana

PERSONAL LIABILITY NOTICE

Under Ind. Code § 32-28-3-9

(Indiana private construction project)

Important: Indiana's § 32-28-3-9 notice is directed to the property owner
or, if the owner is absent, the owner's agent. It is not a California-style
lender stop notice. It does not itself impose a segregated-account,
interest-bearing-account, or mandatory-withholding duty on a construction
lender.

1. CLAIMANT, DEBTOR, AND RECIPIENT

1.1 Claimant

Name: [CLAIMANT FULL LEGAL NAME]

Entity type, if applicable: [ENTITY TYPE AND STATE]

Address: [CLAIMANT ADDRESS]

Telephone / email: [CONTACT INFORMATION]

The Claimant qualifies under Ind. Code § 32-28-3-9(a) as the following (select one):

• ☐ Subcontractor
• ☐ Lessor of construction or other equipment or tools
• ☐ Journeyman
• ☐ Laborer

1.2 Claimant's Employer or Lessee

Name: [EMPLOYER OR EQUIPMENT LESSEE]

Address: [ADDRESS]

Relationship to project: [CONTRACTOR / SUBCONTRACTOR / OTHER]

1.3 Property Owner

Name: [PROPERTY OWNER]

Address: [OWNER ADDRESS]

1.4 Owner's Agent, If Owner Is Absent

Name: [OWNER'S AGENT OR “NOT APPLICABLE”]

Address: [AGENT ADDRESS]

2. PROJECT AND WORK

Project name: [PROJECT NAME]

Project street address: [PROJECT ADDRESS]

County: [COUNTY], Indiana

Property description: [LEGAL DESCRIPTION, PARCEL NUMBER, OR OTHER IDENTIFIER]

Contract or work order: [DATE / NUMBER / DESCRIPTION]

First date of Claimant's work or furnishing: [DATE]

Last date through which this Notice states the claim: [DATE]

Services Rendered or Equipment Furnished

[DESCRIBE PARTICULARLY THE LABOR, SERVICES, MATERIALS, MACHINERY, EQUIPMENT, OR TOOLS PROVIDED AND THE PART OF THE PROJECT BENEFITED]

3. TYPE OF NOTICE

Select the applicable basis:

• ☐ Notice after performance or furnishing under § 32-28-3-9(b). The amount stated below is owed for services already rendered or equipment, materials, or machinery already furnished.

• ☐ Advance notice under § 32-28-3-9(f). Before the covered labor is performed or materials or machinery are furnished, this Notice states the amount of labor the Claimant contracted to perform or the amount of materials or machinery the Claimant contracted to furnish. The statutory rights and remedies apply only to covered labor performed or property furnished after this Notice is given.

4. AMOUNT AND STATUTORY STATEMENT

4.1 Amount of Claim or Contracted Furnishing

4.2 Notice to Property Owner

Claimant gives this written Notice to [PROPERTY OWNER], or, because the Property Owner is absent, to [OWNER'S AGENT], under Ind. Code § 32-28-3-9.

[EMPLOYER OR LESSEE] is indebted to Claimant in the amount of $[TOTAL] for the services rendered or equipment, tools, materials, or machinery described in this Notice [OR, FOR AN ADVANCE NOTICE: Claimant has contracted to perform or furnish the covered labor, materials, or machinery in the amount of $[TOTAL]].

Claimant holds the Property Owner responsible for the amount stated above, subject to every limitation, priority, defense, and remedy provided by Ind. Code § 32-28-3-9.

Claimant demands payment from [EMPLOYER OR LESSEE] and gives the Property Owner this Notice to acquire and preserve only the rights that § 32-28-3-9 lawfully provides.

5. STATUTORY LIMITS AND EFFECT

5.1 Owner-Liability Limit

Under Ind. Code § 32-28-3-9(c) through (e), any Property Owner liability is limited to the amount due or later becoming due from the Owner to Claimant's Employer or Lessee. Recovery is also subject to claims having priority over Claimant's claim.

This Notice does not represent that the Owner necessarily owes the full amount stated. Claimant and counsel must determine the contract balance, prior claims, defenses, and statutory priority.

5.2 Multiple Claimants and Pro Rata Recovery

If an action is brought against the Property Owner under § 32-28-3-9, other subcontractors, covered equipment lessors, journeymen, and laborers who performed or furnished and gave the statutory notice may become parties. If the amount recovered and collected is insufficient, § 32-28-3-9(g) requires pro rata division among the claimants.

5.3 No Construction-Lender Demand

This Notice is not directed to a construction lender and makes no demand that a lender withhold, escrow, segregate, or pay project funds. Any lender rights or priorities arise from other law and documents, not from an invented obligation in this Notice.

5.4 Separate Mechanic's-Lien Requirements

This Notice is not the sworn statement and notice of intention to hold a mechanic's lien recorded under Ind. Code § 32-28-3-3. It does not by itself record or perfect a lien against the property.

A person seeking a separate mechanic's lien must independently satisfy every applicable preliminary-notice, recording, content, deadline, and enforcement requirement. Section 32-28-3-3 generally governs the recorded notice of intention, and § 32-28-3-6 governs the separate foreclosure deadline and proceeding.

5.5 No Contractual Add-Ons

This Notice creates no contractual default, cure period, indemnity, force-majeure term, automatic attorney-fee award, bond-release procedure, arbitration agreement, forum-selection agreement, electronic-signature agreement, or acknowledgment obligation for the Owner, Employer, Lessee, contractor, or lender.

6. DELIVERY

Section 32-28-3-9 requires the Claimant to give written notice to the Property Owner or, if the Owner is absent, to the Owner's agent. The statute does not prescribe a delivery method in subsection (b) or (f).

Claimant should use a method reasonably calculated to establish receipt and preserve reliable evidence, as advised by Indiana counsel. Complete the certificate below and retain the signed Notice, delivery receipt, tracking record, and a copy of every enclosure.

Date given: [DATE]

Recipient: [OWNER / OWNER'S AGENT NAME]

Delivery method:

• ☐ Personal delivery
• ☐ Certified or registered mail, return receipt requested
• ☐ Commercial delivery service with tracking
• ☐ Other method approved by counsel: [METHOD]

Delivery address: [ADDRESS]

Tracking or receipt number: [NUMBER]

7. CLAIMANT DECLARATION AND SIGNATURE

Claimant states that the factual information and amount in this Notice are true and accurate to the best of Claimant's knowledge after reasonable review of contracts, invoices, time records, delivery records, payments, and credits.

CLAIMANT: [CLAIMANT FULL LEGAL NAME]

By: _________________________________

Name: [SIGNER NAME]

Title / capacity: [TITLE OR INDIVIDUAL CLAIMANT]

Date: [DATE]

Address: [ADDRESS]

Telephone / email: [CONTACT INFORMATION]

No notarization or recipient signature is stated as a condition of the
§ 32-28-3-9 Notice. Counsel may add an affidavit only when needed for a
separate filing or evidentiary purpose and should not imply that the Owner
has accepted the claim by acknowledging receipt.

8. CERTIFICATE OF DELIVERY

I certify that on [DATE], I gave a complete copy of this Personal Liability Notice and the listed enclosures to [RECIPIENT NAME], as [PROPERTY OWNER / OWNER'S AGENT BECAUSE OWNER WAS ABSENT], at [DELIVERY ADDRESS], by [DELIVERY METHOD].

Enclosures:

• ☐ Itemized statement
• ☐ Relevant invoices or pay applications
• ☐ Contract or work-order excerpt
• ☐ Delivery or time records
• ☐ Other: [DESCRIPTION]

_________________________________

[PERSON MAKING DELIVERY]

Date: [DATE]

SOURCES AND REFERENCES

• Indiana General Assembly — Indiana Code 2026, Title 32, Article 28, Chapter 3 (official chapter PDF)