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Indiana Code

Ind. Code § 32-28-3-9 (2025)

Subcontractor's, journeyman's, or laborer's liens; notice; actions

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 9. (a) This section applies to a:

(1) subcontractor;

(2) lessor leasing construction and other equipment and tools, regardless of whether an operator is also provided by the lessor;

(3) journeyman; or

(4) laborer;

employed or leasing any equipment or tools used by the lessee in erecting, altering, repairing, or removing any house, mill, manufactory or other building, or bridge, reservoir, system of waterworks, or other structure or earth moving, or in furnishing any material or machinery for these activities.

     (b) Except as provided in subsection (f) and section 12 of this chapter, in order to acquire rights under this section, a person described in subsection (a) must give to the property owner, or if the property owner is absent, to the property owner's agent, written notice particularly setting forth the amount of the person's claim and services rendered for which:

(1) the person's employer or lessee is indebted to the person; and

(2) the person holds the property owner responsible.

     (c) Subject to subsections (d) and (e), the property owner is liable for the person's claim.

     (d) The property owner is liable to a person described in subsection (a) for not more than the amount that is due and may later become due from the owner to the employer or lessee.

     (e) A person described in subsection (a) may recover the amount of the person's claim if, after the amounts of other claims that have priority are subtracted from the amount due from the property owner to the employer or lessee, the remainder of the amount due from the property owner to the employer or lessee is sufficient to pay the amount of the person's claim.

     (f) This subsection applies to a person described in subsection (a) who gives written notice, to the property owner or, if the property owner is absent, to the owner's agent, before labor is performed or materials or machinery is furnished. The notice must particularly set forth the amount of:

(1) labor the person has contracted to perform; or

(2) materials or machinery the person has contracted to furnish;

for the employer or lessee in erecting, altering, repairing, or removing any of the buildings or other structures described in subsection (a). A person described in this subsection has the same rights and remedies against the property owner for the amount of the labor performed by the person or materials or machinery furnished by the person after the notice is given, as are provided in this chapter for persons who serve notice after performing the labor or furnishing the materials or machinery.

     (g) If an action is brought against a property owner under this section, all subcontractors, equipment lessors leasing equipment, journeymen, and laborers who have:

(1) performed labor or furnished materials or machinery; and

(2) given notice under this section;

may become parties to the action. If, upon final judgment against the property owner the amount recovered and collected is not sufficient to pay the claimants in full, the amount recovered and collected shall be divided among the claimants pro rata.

[Pre-2002 Recodification Citation: 32-8-3-9.]

As added by P.L.2-2002, SEC.13. Amended by P.L.1-2010, SEC.129.

 

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2006–2023 · leading case: L.H. Controls, Inc. v. Custom Conveyor, Inc., 974 N.E.2d 1031 (Ind. Ct. App. 2012).
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L.H. Controls, Inc. v. Custom Conveyor, Inc., 974 N.E.2d 1031 (Ind. Ct. App. 2012). · cites it 2× “See Ind.Code § 32-28-3-9. It does not attach to the property.”
Mayberry Café, Inc. v. Glenmark Constr. Co., 879 N.E.2d 1162 (Ind. Ct. App. 2008). · cites it 4× “The trial court correctly noted that pursuant to Ind.Code § 32-28-3-9, a subcontractor such as Haines may recover the amount of its claim from the property owner (Mayberry) “if after the amount of other claims that have priority are subtracted from the amount due from the…”
Gibson-Lewis, LLC v. Teachers Credit Union, 854 N.E.2d 392 (Ind. Ct. App. 2006). · cites it 10× “Gibson-Lewis raises five issues on appeal, which we consolidate and restate as the following single issue: Whether the application of Indiana's personal liability statute, codified at Ind.Code § 32-28-3-9, is limited to a claimant who is employed as a subcontractor or supplier…”
R.T. Moore Co. v. Slant/Fin Corp., 966 N.E.2d 636 (Ind. Ct. App. 2012). · cites it 10× “Appellants present one issue on appeal: Did the trial court err in determining that Slant/ Fin had a right to enforce Ind.Code Ann. § 32-28-3-9 (West, Westlaw current through 2011 1st Regular Sess.”
Luse Thermal Tech. LLC v. Graycor Indus. Constructors Inc., 221 N.E.3d 701 (Ind. Ct. App. 2023). · cites it 10× “In its “Notice of Intention to Hold Mechanic’s Lien and to Impose Personal Liability” Luse stated its intent that Court of Appeals of Indiana | Opinion 23A-PL-633 | October 16, 2023 Page 7 of 43 in accordance with Indiana Code § 32-28-3-9 [] [Luse] intends to hold you personally…”
Delta Bldg. Grp., Inc. v. Laurenzano, 873 N.E.2d 1132 (Ind. Ct. App. 2007). · cites it 4× “The order stated that because Newcomer was the only subcontractor or supplier that had served notice of personal liability upon the Laurenzanos pursuant to Indiana Code § 32-28-3-9, “Newcomer alone has first priority to the funds that have been paid into the court.”
Fred C. Feitler v. Springfield Enter., Inc., No. 17A04-1206-PL-297 (Ind. Ct. App. Nov. 7, 2012). “Indiana Code section § 32-28-3-9, which is found under the chapter pertaining to mechanics’ liens, provides in part: (a) This section applies to a: (1) subcontractor; (2) lessor leasing construction and other equipment and tools, regardless of whether an operator is also…”
Ind. Code § 32-28-3-9(b): 1 case
Luse Thermal Tech. LLC v. Graycor Indus. Constructors Inc., 221 N.E.3d 701 (Ind. Ct. App. 2023). “In its “Notice of Intention to Hold Mechanic’s Lien and to Impose Personal Liability” Luse stated its intent that Court of Appeals of Indiana | Opinion 23A-PL-633 | October 16, 2023 Page 7 of 43 in accordance with Indiana Code § 32-28-3-9 [] [Luse] intends to hold you personally…”
Ind. Code § 32-28-3-9(d): 1 case
R.T. Moore Co. v. Slant/Fin Corp., 966 N.E.2d 636 (Ind. Ct. App. 2012). “Appellants present one issue on appeal: Did the trial court err in determining that Slant/ Fin had a right to enforce Ind.Code Ann. § 32-28-3-9 (West, Westlaw current through 2011 1st Regular Sess.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.