Construction Title Tips

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1. Anyone performing work or delivering materials on a construction job site has the right to file a lien.

2. *EVEN IF A GENERAL CONTRACTOR HAS PAID HIS SUBCONTRACTORS AND MATERIALMEN, THE MATERIALMEN AND SUBCONTRACTORS OF THE SUBCONTRACTOR, IF UNPAID, MAY FILE AND ENFORCE A MECHANICS LIEN.

3. A general contractor, subcontractor, and materialmen who haven’t timely filed their mechanics liens may reinstate their time for filing if they are called back on the property to provide labor or materials.

4. Suit to enforce a mechanics lien must be brought within one year from the date of the recording of the lien in order to enforce the lien rights against the property.

5. Under Indiana law, the prevailing party in a suit to enforce a mechanics lien may be entitled to payment of their attorney’s fees.

6. Failure of a mechanics lienholder to file a suit within one year does not bar the lienholder from initiating a law suit for payment due under the terms of the contract.

Frank Antonovitz, Senior Counsel for Meridian Title Corporation

800.777.1574 • meridiantitle.com