Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
No, you're not too late to file a mechanics lien. For an individual, you have 60 days from completion to file the lien.
Ok, now what do I do?
The lien filing deadline clock begins to run on the contractor the day it last performs work or delivers materials to the project. Indiana’s Mechanic’s Lien Statute generally requires a claimant to record its mechanic’s lien within 60 days for work on residential projects or work upon improvements related to a residential project, or 90 days for commercial and industrial projects, “after performing labor or furnishing materials.” Ind. Code § 32-28-3-3. A contractor “completes its work, and the … period for filing a notice of intention to hold mechanic’s lien commences, when the [contractor] finishes the task for which it was hired.”
This is a pretty complex process, but you don't need to hire an attorney for it. You DO need the forms and the process.
Here's a link to uslegalforms.com, where you can get a package for a mechanics lien, along with all the forms, the notices, the process, etc... : http://www.uslegalforms.com/in/IN-P091-PKG.htm.
I would also suggest going to your local library and seeing if they have access to legal forms there (either through books or online).
That way you might even be able to get these forms for free.
Otherwise, the whole package can be obtained through US Legal Forms.
Once you complete the form, you can file it with the county deed records office.
What would be a fair price if I were to hire an attorney?
One note of caution: there are a number of mistakes that are made here, that you want to avoid: http://www.frostbrowntodd.com/resources-1313.html
For an attorney to do this, you could expect anywhere from $1,000 - $5,000, depending on the attorney. The more experienced ones will charge more, of course.
You might find one that would do it for less, but typically that would be a general practitioner or a newly licensed attorney, that may or may not know what they're doing.
Another question is since he was a friend, there was no contract, just time and material. They also didn't want a permit. Will this affect the outcome?
No. If you had an agreement that he would pay you $X for each hour, plus material, then he will need to still pay for that, and you can file a mechanics lien against that.
You just need to make certain that you don't overstate what is owed (that is, you can prove the costs of both the materials and the labor)
OK, thanks for your help. Wiss me luck.
My pleasure. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!