Preliminary Notice-Private 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 its 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: Pre-Lien Notice to Owner of Mechanic’s Lien Rights

Scope: State of Indiana, Private Works

Time Constraints: A private works Indiana Preliminary Notice is required only if the work was performed on an owner under these conditions:

For Alteration or Repair of the Dwelling: Service of preliminary notice must be within 30 days of first furnishing labor, materials or services;

For Original Construction of Dwelling: Service of preliminary notice must be with 60 days of first furnishing labor, materials or services.

Both: Serve the preliminary notice by certified mail or personal service on the owner. Service to other parties is optional.

Important: It is our recommendation that you serve a preliminary notice on required parties whether required to or not.

Information Requirements: The information required by the program and whether you intend to send an owner cover letter.

Form Types: Preliminary Notice for Furnishing Labor, Materials or Equipment, Exhibits A-D (if needed) and Owner Letter (if used).

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Serve a copy on the owner within the required time frames. You may optionally send copies of all of the forms (less the Owner Cover Letter) to all other legal owners, all general contractors, all lenders and all sureties and the sub-contractor of the project.

When in doubt, file your lien claim immediately.

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