Indiana Lien Warning Notice, Public Works
Lien Warning Notice-Public Work
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Note: For specific information on a state filing, see the state listing for its lien warning notice, if any.
Document Title: Claim on Bond (4 Types)
Scope: State of Indiana, Public Work
Time Constraints: This notice must be served on the public entities, general contractors and sureties before actually filing your claim on bond. It is advised that you send out a Preliminary Notice to all parties to this job prior to sending your Claim on Bond. You must send this Claim prior to your actual Bond Claim.
Information Requirements: Program information.
Form Types: Claim on Bond and Exhibits A-D, if needed. To choose which claim on bond, note the following choices:
Verified Claim on Bond: In order to proceed against the contractor’s payment bond, any subcontractor or supplier making a claim for payment on account of having performed any labor or having furnished any material or service in relation to a public works project must file a verified claim with the public agency within 60 days from the date the last labor was performed, last material furnished, or the last service rendered. The claimant must also notify the surety of the contractor by sending a claim to the surety company and must inform the public agency that the surety has been notified. The public agency shall supply the claimant with any information the claimant requires to notify the surety.
The claimant may not file suit against the contractor’s surety on the contractor’s bond until the expiration of 30 days after filing the claim with the public agency. If the claim is not paid in full at the expiration of the 30 day period, the claimant may bring an action in a court of competent jurisdiction in the claimant’s own name upon the bond;
Verified Claim on Bond (State Owned Public Project): When seeking payment arising out of construction of a public work owned by the state, the claimant must file this notice within 60 days after the completion of the labor or service or the furnishing of the last item of material with the board, commission, trustee, officer, clerk or agent of the state or commission that entered into the contract. This notice must state the amount due and must be verified and filed in duplicate.
The claimant may not file suite against the surety until the expiration of 30 days after the filing of the verified duplicate statement. If the claim is not paid in full at the expiration of the 30 day period, the claimant may bring an action in a court of competent jurisdiction upon the bond. The action must be commenced within 60 days from the date of final completion and acceptance of the public building or public work, or the action on the bond is barred;
Verified Claim on Bond (Public Structure Paid For Out of a Public Fund): If seeking a payment arising out of the construction of a public project, airport facility, or other structure that is paid for out of a public fund or out of a special assessment, this notice must be filed within 60 days after the last labor was performed, the last material was furnished, or the last service was rendered by the subcontractor, material supplier or laborer. The notice must be signed by a person directly responsible for the project who can verfiy the quantity of a purchased item, or for road, street, or bridge projects, the weight or volume of the material applied. If the project is estimated in value over $100,000, the notice must be filed with the local government board, be signed in duplicate, and state the amount due;
Verified Claim on Bond (State Highway Project): If seeking payment arising out of performing labor or furnishing material or other services in the construction of a highway or bridge in the state highway system or in the construction or repair of a building or other structure for the transportation depar®ent, this notice must be filed with the depar®ent within 60 days of when the last labor, materials or services were supplied and within 30 days after their final acceptance. The depar®ent shall send a copy by certified mail to the contractor and to the surety on the bond of the contractor. The failure to mail copies to the contractor and surety does not affect the validity of a claim.
Procedures: Send copies of the prepared forms by certified mail to the owner, generals and sureties (if known). If you have not been paid in full after service of the claims immediately file your bond claim. See Indiana Bond or Lien Claim, Public Work, for more information.
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