Indiana Complaint regarding Subcontractor against contractor and surety
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How to fill out Complaint Regarding Subcontractor Against Contractor And Surety?
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FAQ
State law prohibits the waiver of the right to file a lien prior to payment for the labor. Contracts requiring a party to waive their claims under a payment bond are prohibited. Indiana has no requirement that a lien waiver must be notarized.
(a) Upon entering into a contract for sale, construction, or substantial remodeling of a residence, a construction professional must provide notice to each home owner of the construction professional's right to offer to cure construction defects before a home owner may commence litigation against the construction ...
Indiana statute restricts lien waivers. Indiana specifically prohibits agreements that purport to limit or waive the right to file a notice of intent to lien or mechanics lien or bond claim prior to payment for the labor or materials furnished.
Indiana's deadline to file a mechanics lien is 60 days on residential projects and 90 days on non-residential projects.
The purpose of Indiana's mechanic's lien statute is to provide a contractor a remedy for unpaid labor or materials furnished to the improvement of real property. Information on specific requirements for filing a mechanic's lien and release can be found in Indiana Code 32-28-3 and 32-28-6.
Fill out the proper Indiana construction lien forms in duplicate and have them notarized. All Indiana mechanic's lien paperwork you fill out should include the amount you're claiming, your name and address, the project owner's name and address, a legal description of the project, and the address of the project.
32-28-3-16 Waiver of right to a lien voiding contract before the person is paid for the labor or materials furnished. (c) A provision in a contract for the improvement of real estate in Indiana under which one (1) or more persons agree not to file a notice of intention to hold a lien is void.
Indiana Code § 32-30-1 provides for a 10-year statute of repose for which an architect and/or contractor remain residually liable for deficiency of design and/or construction of improvements to real property.