Have a property zoned for a residence that is currently owned by a business.. Should my preliminary notice be drafted as a commercial or residential property? ...Read More
If I am sending a Notice of Commencement and a Notice of Furnishing to the same address -- can they be sent in the same Certified Mail envelope? Or do they need to be sent separately?...Read More
The state of Indiana. I provided architectural services to a contractor for work at a residential home. The contractor paid me my $1,000 retainer. This project started in August of 2021. I provide preliminary sketches to the contractor. After modifications, we made final drawings which were provided to the contractor for use on Sept. 28, 2021. To date, I have not been paid the remaining $3,000 owed. I have sent multiple notices by email and text. I gave him an ultimatum of today (12/2). He says he has been paid but checks need to clear and is going to pay me tomorrow (12/3). I told him if it is not paid tomorrow I will take the next steps. I will file a lien on the homeowner's property. I have to go out to the property on Monday to take photos and check on the construction status, which will include me filing a field report with him and the owner. Do I have to file a pre-lien notice to the owner, contractor, both...or do I not have to file one and just go straight to filing a lien on the property?...Read More
i have a written contract started a year ago, with a trustee of a house in indiana to do some work. he paid me so much down and balance due upon completion. ive completed job this week and he is refusing payment of the ballance. did i need to file a preliminary notice last year for my claim to be valid now....Read More
A septic company is threatening a mechanics lien on our an Indiana County property, as we have not paid the bill of $980. The septic company was hired, by us, to perform a County inspection, necessary for "transfer of property". The inspector, from Septic company, performed the inspection on April 21, and stated our septic would pass inspection, after the d-box lid "cap" was replaced. It was thoroughly broken, when uncovered. (broken by the inspector while digging, but unproved) The inspector, of Septic company , said they could replace the lid "cap", and then send in the report to the County, and everything will pass..The inspector said it would be "inexpensive" to put a new cap on the d-box. We gave them oral permission to replace the cap (only) and then send in the report to the County Health Dept. The house is vacant. Unannounced, and with no authorization nor notification, the Septic company, same as did our inspection, came to the house on May 1, 2021, and replaced the entire d-box and charging us $980 for this work. They are now threatening a lien on the property, which has a closing date of June 4th...What can we do? What rights do we have? No work was ever authorized in writing. Thank you, ...Read More
We are supplying underground materials for an entire residential subdivision. Would we need to send notice is this situation or would the project be considered more commercial since the work is not easily identified to one specific residential structure? ...Read More
I have noticed some discrepancies on your website. For example on this page about Indiana, it suddenly switches to Illinois. Also there is some discrepancy as to whether it is sixty days before work is started or sixty days after it is complete. Does not inspire confidence....Read More
I have read that a preliminary notice is to be given within 60 days of the first day of work. I have received legal advice that a preliminary notice is to be given before work begins, after being filed with the recorder. I am a contractor in Indiana, trying to protect the business. Is this a document that is meant to protect the contractor? or is this a document that is to be given only if you intend to file a lein KNOWING that someone won't pay.
Most of my projects are more than 60 days, and by that time we really have no idea if someone intends not to pay.. I really need assistance...Read More
Had an oral agreement with my ex girlfriend that pay to renovate her home sell in 2 years use equity for our relocation little did I know I was set up from the beginning. The relationship ended immediately once I cut of the money flow and she proceeded to file all sort of legal claims and accusations that made it impossible for me to attempt recovery. Over the course of a3 year relationship she has incurred an unjust enrichment of over 75k. Where do I begin. Can I file a lein on home. ...Read More
A subcontractor did work on our land. He rented equipment from a Business to use on the job. We paid the Subcontractor in full. Then we found out later, he did not pay the rental fee for the equipment he used on the job. The business now wants to throw a lien on our property for the rental fee the Subcontractor did not pay. ...Read More
Thanks for the answer above. Just need clarification. So, I deliver material to my customer on September 1 who is a subcontractor for a job that starts, let say, September 1 as well. Due to issues, my customer, the sub, cant get started on the job until September 30th. Does the clock tick (to send a notice) on September 1 or September 30? Thanks!...Read More
We will ship material to a customer of ours but they may be delayed in starting the project they are hired to do. When does the clock start ticking as far as sending notices? This is in Indiana but could also happen in Kentucky and Ohio...Read More