Subcontractor's, journeyman's, or laborer's liens; notice; actions
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 section 12 of this chapter, in order to
acquire and hold a lien, 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 section 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 subsection (a) 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.
As added by P.L.2-2002, SEC.13.
Last modified: May 24, 2006