Indiana Preliminary Notice Guide: Sworn Statement of Intent (IC 32-28-3-3)

1. When Must a Subcontractor Send Notice in Indiana?

In Indiana, an early preliminary notice at the start of work is not universally required across all commercial tiers, though delivering formal written notice prior to filing is essential.

Key Statutory Rule: Commercial liens allow 90 days; residential is shortened to 60 days.

2. Who Must Receive the Notice & Proof of Service

Serve via USPS Certified Mail with Return Receipt Requested (or statutory overnight courier) to the Property Owner, General Contractor, and Construction Lender (if applicable). Retain the stamped USPS mailing receipt as proof of timely service.

• Property Owner: Listed on the building permit, Notice of Commencement, or county tax assessor parcel record.
• Prime / General Contractor: The entity holding the direct contract with the owner.
• Construction Lender (if any): Protects priority if a bank or lender is financing the commercial build.

3. Essential Information to Include in Your Notice

To avoid technical invalidation in Indiana, verify that your notice clearly states:

• Your company's legal business name, address, and contact information.
• Name and address of the General Contractor or party who hired you.
• Street address and legal/parcel description of the job site.
• Clear description of the trade labor, services, or materials furnished.
• Estimated or contracted dollar value of your subcontract scope.