Mechanic’s liens in Indiana remain a powerful tool to secure payment on both commercial and residential projects for contractors, subcontractors, laborers and suppliers for unpaid debt. Because lien rights are strictly statutory and time-sensitive, understanding the filing windows is essential to preserving leverage and avoiding forfeiture of claims. However, as detailed below, if you fail to timely and properly record a valid mechanic’s lien, additional options exist.
Filing Deadlines to Record Mechanic’s Liens
Indiana imposes short, non-extendable deadlines for recording a mechanic’s lien after furnishing labor or materials. While project types and claimant roles can affect precise timing, the core timing principles are as follows:
- Commercial projects: A claimant must record its mechanic’s lien within 90 days after the last date it furnished labor or materials to the project. The lien must be recorded in the office of the recorder in the county where the real property is located, and within the statutory period measured from the claimant’s last furnishing date. Claimants should calculate conservatively, as any delay beyond the statutory window will generally extinguish lien rights.
- Residential projects (including owner-occupied residences): A claimant must record its mechanic’s lien within 60 days after the last date of furnishing.
Alternatives to Mechanic’s Liens
However, if a contractor does not record a mechanic’s lien within the required timeframes outlined above, there are additional avenues available to seek payment, which are detailed below.
Breach of Contract
If you miss the statutory deadline for recording a mechanic’s lien, you still have the option to pursue a breach of contract claim against the party that hired you, whether that is the property owner or an upstream contractor. This claim is based on an agreement, either written or oral , and allows you to seek compensation for the unpaid balance, as well as for approved change orders, retainage, and potentially interest or attorney’s fees if those terms are included in your contract. It is essential to comply with any contractual requirements regarding notice, claim submission, dispute resolution procedures, and limitation periods, as these provisions may affect your ability to recover amounts owed.
Account Stated/Quantum Meruit/Unjust Enrichment
If you lack a formal written contract, or if pursuing a contract claim is impractical, you still have the option to seek compensation through equitable remedies. These claims, including account stated, quantum meruit, or unjust enrichment, allow you to recover the reasonable value of the labor and materials you provided to the project. However, these equitable claims are highly dependent on the specific facts of the case and may be restricted if a written agreement governs the parties’ relationship. Before proceeding, it is important to evaluate whether the circumstances support such a claim, and to be aware that the court will closely examine the nature and extent of the benefit conferred, as well as any existing contractual obligations.
Subcontractor Personal Liability Notice
Finally, Indiana law provides an additional remedy to subcontractors and suppliers who do not contract directly with the property owner. Under IC 32-28-3-9, a qualifying subcontractor may serve a personal liability notice on the owner, placing the owner on notice of amounts due and unpaid for labor or materials furnished to the project. Key features and implications include:
- Who may use it: Subcontractors and suppliers lacking privity with the owner. (General contractors generally proceed through direct contract remedies and lien rights.)
- Timing: Personal liability notices have no firm filing deadline and thus this is an excellent option for a subcontractor who failed to timely file a proper mechanic’s lien.
- Content and service: The notice must identify the claimant, the owner, the nature of the labor or materials furnished, the amount claimed, and the property sufficient for identification, and it must be served on the owner in the manner permitted by statute.
- Effect on the owner: Upon receipt, the owner may become personally liable—up to the unpaid balance due or to become due to the general contractor—if the owner fails to withhold sufficient funds to satisfy the noticing subcontractor’s claim. Practically, this notice compels the owner to account for claimed amounts before releasing further payments to the general contractor.
- Relationship to liens: The personal liability notice does not replace the mechanic’s lien. It is an additional, complementary remedy that can (a) secure payment from funds still in the owner’s control and (b) increase settlement leverage without waiting for foreclosure. Subcontractors should generally both serve the personal liability notice and timely record a mechanic’s lien to preserve all available avenues of recovery.
Practical Takeaways
- Track last-furnishing dates in real time and diary both the lien-recording and personal liability notice deadlines immediately.
- For subcontractors, consider a personal liability notice to reach contract funds in the owner’s hands and to encourage early resolution.
- Do not rely on assurances of future payment or change-order processing to delay statutory filings; statutory periods are unforgiving.
About the Author
Mark Bains is a member of the firm's Real Estate team where he assists clients with leasing, purchase agreements, eminent domain actions and construction law related issues. For questions or project-specific guidance, including confirmation of the applicable deadlines and notice content, he can be reached at mhb@barrettlaw.com or 260-423-8902.
