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	None	Must file bond claim within 60 days from last furnishing labor and/or material to the project. Must file lawsuit: (i) On general state owned properties within 1 year from the project's substantial completion; (ii) On state university and other state projects, within 60 days from the project's substantial completion; and (iii) On Department of Transportation projects, within 90 days of receiving a notice of rejection of claim.
	None	Must file bond claim within 60 days from last furnishing labor and/or material to the project. Must file lawsuit: (i) On general state owned properties within 1 year from the project's substantial completion; (ii) On state university and other state projects, within 60 days from the project's substantial completion; and (iii) On Department of Transportation projects, within 90 days of receiving a notice of rejection of claim.

Indiana Public Project Frequently Asked Questions

Who Is Protected?

In Indiana, parties entitled to protection include subcontractors, and suppliers of labor and/or materials to the general contractor or a first tier sub.  More remote claimants and suppliers to suppliers are not covered in Indiana.

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When is the Deadline to File a Lien/Make a Claim?

State Projects – Title 4: Claim must be received within 60 days after the last furnishing of labor and/or material to the project by any party.

State Projects – Title 5: Claim must be received within 60 days after the last furnishing of labor and/or material to the project by the claimant.

Transportation Projects: Claim must be received less than 1 year after acceptance of the labor and/or material furnished.

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Who Should Receive the Lien/Claim?

The party that must receive a bond claim in Indiana is dependent upon the contracting public entity.

State Projects – Title 4: Claim must be delivered to the board, officer, or clerk of the contracting public entity, and the surety.

State Projects – Title 5: Claim must be delivered to the board, commission, trustee, officer, authorized clerk, or agent of the state or contracting commission.

Local Projects: Claim must be delivered to the board, officer, or clerk of the contracting public entity.

Transportation Projects: Claim must be delivered to the surety.

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When is the Deadline to Initiate Suit, or, How Long is My Lien Effective?

State Projects – Title 4: Suit must be initiated more than 30 days after filing claim, but less than 1 year after final settlement of the contract between the public entity and the general contractor.

State Projects – Title 5: Suit must be initiated more than 30 days after filing claim, but less than 60 days after final completion and acceptance of the work.

Local Projects: Same as Title 5 State Projects.

Transportation Projects: Suit must be initiated more than 60 days after filing claim, but less than 18 months after final completion and acceptance of the work.  However, if the claimant receives a notice from the public entity requiring suit to be filed within 90 days of that notice, the claimant must comply.

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What Must the Lien/Claim Include?

State Projects – Title 4: Claim must include 1) the amount due and owing; 2) detailed explanation of the claim; 3) statement informing the public works division that the surety was notified.  This claim must be verified.

State Projects – Title 5: Claim must include 1) the amount due and owing, and the statement must be verified.

Local Projects: Claim must be verified and in duplicate.

Transportation Projects: Claim must include 1) the amount due and owing.

For all projects, it may be advisable to also include a description of the labor and/or materials furnished, and an identification of the project, the general contractor, and the hiring party.

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How Must the Claim Be Sent?

State Projects – Title 4: Claim must be “sent” to the surety.  It may be advisable to send the claim via certified or registered mail.

State Projects – Title 5: Duplicate copies of the claim must be filed with the board, commission, trustee, officer, authorized clerk, or agent of the state or contracting commission – they will notify the surety.

Local Projects: Duplicate copies of the claim must be filed with the board, officer, or clerk of the contracting public entity – they will inform the surety.

Transportation Projects: Claim must be “furnished” to the surety.  It may be advisable to send via certified or registered mail.

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Indiana Public Project Preliminary Notice FAQs

Do I Need to Send a Preliminary Notice?

No.  Indiana does not require any preliminary notice to be given to preserve the right to make a bond claim on a public project, nor to make a claim on the contract funds due to the general contractor.

When do I Need to Send a Preliminary Notice?

N/A

What if I Send the Preliminary Notice Late?

N/A

How Should the Preliminary Notice be Sent?

N/A

To Whom Must the Preliminary Notice be Given?

N/A