As most of my faithful readers probably already know, you must timely file your mechanics lien or forfeit your rights to the lien. In Indiana there are two different deadlines to keep in mind depending on the type of project you are working on. If you are working on a project that involves a commercial or industrial project and regulated public utilities you must file your mechanic’s lien notice within 90 days after last performance of labor or furnishing materials to the project. If your project involves a single or double family dwelling, the mechanic’s lien notice must be filed within 60 days after last performance of labor or furnishing materials to the project. See Ind.Code section 32-28-3-3.
Once expired, the time cannot be revived by doing incidental work on the project. The lien must be based upon work that was required under the contract. Other work performed gratuitously or for work not contemplated by the original contract will not extend the time for filing your mechanics lien.
If you have not received timely payment, always remember to keep these deadlines in mind. Otherwise you will risk losing your mechanics lien rights all together.
Great practical post. I write a construction lien blog that focuses on the lien remedy, and sometimes get into complicated nuances of lien laws across the country. However, it’s often important to remember the most simple features of the lien law, because it’s these simple points that often make the big differences. And the most fundamental issue of all mechanic lien laws is getting a mechanics lien claim filed on time!