A mechanic’s lien allows general contractors, subcontractors, and suppliers that provide labor or materials for the improvement of real property to claim an interest in the property they have improved. Mechanic’s liens are created by recording mechanic’s lien notices with the Recorder of the county in which the property is located. Indiana’s mechanic’s lien statute has strict form, content and timing requirements that must be followed, depending on the type of project in question. If the requirements are not followed to the letter, the right to a mechanic’s lien may be lost. That is why it is important to have experienced construction attorneys who know the mechanic’s lien laws and who can assist with recording (or defending against) a mechanic’s lien claim.
Once the mechanic’s lien is recorded, if the payment dispute is not otherwise resolved, it may be necessary to file a lawsuit to foreclose the mechanic’s lien, in which the court will determine the validity and priority of all interests in the property, including the mechanic’s liens, in a process that can be very complex. It is critical that all parties to a mechanic’s lien foreclosure proceeding have experienced construction counsel who can protect their rights.
Our attorneys have substantial experience representing general contractors, subcontractors, and material suppliers in drafting, recording and litigating mechanic’s liens ranging in amounts from several thousand dollars to several million dollars.