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Indiana Supreme Court Awards Mechanics Lien Attorneys Fees

Strict Proof of Delivery May Be Required For Construction Notices

Attorneys fees are an important aspect of mechanics lien statutes. Many state lien statutes allow for the recovering of attorneys fees to prevent owners and general contractors from gaining all the leverage when a mechanics lien is filed and/or payment is withheld. If contractors were not able to recover for attorneys fees, then certain mechanics […]

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City Sues Subconsultant Without Privity of Contract

Privity of contract is a simple concept. One must possess privity in order to sue another party for contract-related damages… usually. The basic concept of privity essentially means that if you are not a party to the contract, then you cannot receive rights and remedies afforded under that contract. The idea makes sense if you […]

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Indiana Courts Give Lienholders More Bargaining Power In Priority Battles

Priority battles can sometimes turn into a nightmare for mechanics lienholders. In many cases, a mortgage lender may have priority over a mechanics lien. Why? Most jurisdictions will give priority to the lender if the mortgage was recorded before the work was commenced on the improvement. Since most mortgages arise to purchase property, or in order to pay […]

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Indiana Sheds Some Light on Mechanics Lien Priority

Mechanics liens are one of the most powerful tools to protect against the risk of nonpayment on construction projects. But, like with all tools, there are certain situations in which the effectiveness of the mechanics lien may be lessened. Since, in many circumstances, mechanics liens only have priority over other subsequent encumbrances on the property, many […]

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Indiana Mechanics Lien Law: 5 Things to Know

Suppliers to Suppliers Do Not Have Indiana Mechanics Lien Rights Contractors, subcontractors, suppliers to prime or sub contractors, laborers, and equipment lessors are all eligible to file an Indiana mechanics lien. Unfortunately, though, as is the case in many states, suppliers to suppliers do not have mechanics lien rights in Indiana. Deadline to File Indiana […]

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Indiana Mechanics Lien Law: Court of Appeals Gets Preliminary Notice Requirement Right – on the Second Try


I recently discussed the preliminary notice requirements as set forth in Indiana lien law. In that post, I mentioned that all parties not in direct contractual relation with the property owner and who provided labor or materials to a single or double family residential project must provide preliminary notice, and, that there had been significant confusion […]

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Indiana Mechanics Lien Law: Preliminary Notice Requirements

Gaining the benefit of a mechanics lien may, at first glance, seem like a one-step process: simply file a lien after non-payment on a construction project. In many states, however, multiple steps are required to preserve a right to mechanics lien protection.  Specifically, in order for a lien to be valid, many states require a lien claimant to […]

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No-Lien Clauses and Personal Liability in Indiana

A recent case out of Indiana, Feitler v. Springfield Enterprises, addressed two interesting issues: whether “no-lien clauses” in construction contracts are valid and whether parties who are prevented from filing mechanics liens due to no lien clauses can still recover under Indiana’s personal liability statute. What is a No-Lien Clause? As we’ve discussed in the past, only a minority of states […]

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