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Mechanic’s Liens

Chesterton Mechanic’s Liens Attorney

Person Entitled to Lien

A contractor, subcontractor, mechanic, laborer, or any other person performing labor or furnishing materials or machinery for the erection, alteration, repair, or removal of a house, building, bridge, structure, sidewalk, drain, well, sewer, or any other earth-moving operation may have a lien.

Lien Requirements

The statement and notice of intention to hold a lien must specifically set forth (i) the amount claimed, (ii) the name and address of the claimant, (iii) the owner’s name and latest address as shown on the property tax records of the county, and (iv) the legal description and street and number, if any, of the lot or land.

Filing of Lien

The lien notice must be recorded not later than 90 days after performing labor or furnishing materials. If the labor is performed or materials furnished to a one or two dwelling unit, the deadline for filing the lien is 60 days.

Pre-Lien Notices to Owners

A person who sells or furnishes on credit any material, labor, or machinery for the alteration or repair of an owner-occupied single or double-family dwelling to anyone other than the occupying owner must furnish the occupying owner a written notice of the delivery or work and of the existence of lien rights not later than 30 days after the date of first delivery. If it is original construction, the notice must be furnished, and a copy of the written notice must be recorded not later than 60 days after the date of first delivery.

Attorney Fees

A lienholder who recovers a judgment in any sum is entitled to recover reasonable attorney’s fees unless the property owner paid the contract consideration.

Foreclosure of Lien

The complaint to enforce a lien must be filed not later than one year after the lien was recorded.

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