In many cases, a non-link clause in a contract is similar to a waiver of preventive deposit rights. There is really no practical difference between the two, as the two types of waiver declarations do not entitle the potential applicant. In general, most people don`t like the use of no-link contracts. This is why some parts of states have even banned the use of such contracts through various court decisions or statutes. However, this is not a universal directive, which is why it is always important to see how your state has decided, in the past, non-link contracts. As long as the landowner and general contractor meet all four requirements, Indiana courts will apply unrelated clauses. In essence, any subcontractor that enters into a non-link agreement assumes the risk of non-payment by the landowner or general contractor. We will keep you informed here if further developments in this fascinating Indiana pledge, No-Lien clause and personal liability cases occur! It is clear that the General Assembly considered that the scale and scale of commercial projects could cause serious harm to subcontractors if no contractual provision was allowed. They did not have the same concerns for subcontractors working on residential real estate and, therefore, subcontractors working on residential real estate should ensure that the owners did not enter into a no-link contract with the district recorder to eliminate these pawn rights. Indiana law allows a landowner to comply with a notice of invitation to take legal action (Form IN-06-09 and IN-06A-09) with a pawnholder. The holder of the pawn rights then has thirty (30) days from the date of receipt of the application to file an appeal or cancel his right to pledge. After thirty (30) days, the owner of the land or any other interested party can file an affidavit with the kreisschreiber stating that an application to open an action has been filed and that the period within which they may react has expired. See IN-011-09 and IN-011A-09.
Indiana law requires a county recorder to certify in the county record that the right to pledge is fully released. IC 32-8-3-10. Again, it depends on whether the applicant has a direct relationship with the owner who determines the method of „submission“ or „improvement“ of the right to pledge. by a written notification of the delivery or work and the existence of pledge rights no later than sixty (60) days after the date of the first delivery or work; and if the owner, mortgage or other deposit holder files in writing (by registered or authenticated mail) sues to confuse a pledge, an action must be filed within 30 days of receiving the notification.