Bond or Lien Claim-Public Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Claim on Bond; and Statement of Account.

Scope: State of Indiana, Public Works.

Time Constraints: Serve copies of the Notice of Claim on Bond; and Statement of Account on sureties, prime contractors and public entities within 60 days from the date of last furnishing labor, materials or services. You may only collect on funds from the public agency that have not been paid to the general contractor.

Note: If you do note file a Notice of Claim, you may still be able to take action against the surety (if not make claim on unpaid funds held by the public entity) since Indiana law provides that the surety shall remain liable for 1 year following final payment to the prime contractor.

Perfection: Wait 30 days after serving the notice, then you may file suit against the surety, but suit must be brought prior to 60 days from the date the job is actually completed.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement action stop perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. Public entities and sureties will reserve only for the amount you claim), and the name of the county where the project is performed.

Form Types: Notice of Claim on Bond; and Statement of Account and Exhibit's A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond; and Statement of Account immediately on the public entities and sureties. Suit may be filed 30 days thereafter.

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