Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Indiana
Indiana
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Indiana Quick Overview
| Pursuant Code | IC 32-28-3-1 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | No | |
| IN Statutory Relief | Full Price | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 6 months to 1 year | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | Notice to Owner | |
| Prelien Minimum Information | Description of labor or materials furnished, party providing services, party receiving services, property description, and amount due. | |
| Prelien Minimum Notifications | Owner | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Indiana by Role
Indiana requires early service of preliminary notice for subcontractors and suppliers working on owner-occupied residential properties. Notices are due within 30 or 60 days depending on project type. No notice is required for commercial projects.
Possible Exceptions, Special Circumstances, and Caveats in Indiana
Owner Occupied Residential: Preliminary notice is required if working on single or double owner-occupied dwellings.
Residential: Required within 30 or 60 days depending on whether it is repair/alteration or new construction.
Apartments: No specific exception listed for apartments; generally considered commercial unless owner-occupied.
Mechanic's Liens in Indiana
In Indiana, any party that furnishes labor, materials, or equipment for the improvement of real property may record a mechanics lien. For most private projects, the lien must be recorded within 90 days of last furnishing. For Class 2 structures (e.g., residential dwellings), the deadline is shortened to 60 days. No preliminary notice is required for commercial work, but notice is required on residential projects. The lien is filed with the county recorder, and suit must be initiated within 1 year of recording the lien, unless the owner serves a 30-day demand to file suit, which shortens that period.
Bond Claims in Indiana
For public projects in Indiana, claimants who are not paid may make a claim against the general contractor's payment bond. Preliminary notice is not required, but a formal claim must be served on the public agency and/or contractor within the time specified in the contract or statute. A lawsuit to enforce the claim must generally be brought within 1 year of the last date labor or materials were furnished.
Construction Lien Waivers in Indiana
Required Format: Indiana does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Indiana does not require waivers to be notarized.
Indiana does not require statutory waiver forms. However, waivers may be exchanged during payment processes. Lien rights are not waived unless expressly stated in writing.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Indiana counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Indiana
Frequently Asked Questions (FAQs) on Indiana Lien Processes for Contractors
Do I need to send a preliminary notice to have lien rights in Indiana?
Only if you are working on a residential owner-occupied dwelling. Commercial work does not require a preliminary notice.
When is the deadline to record a mechanics lien in Indiana?
The deadline is 90 days from last furnishing for most projects, or 60 days if the property is a Class 2 residential structure.
Can a supplier or sub-subcontractor record a lien without privity with the owner?
Yes, but they must comply with Indiana's notice requirements on residential jobs to preserve their lien rights.
What happens after I file a lien--do I need to take further legal action?
Yes. You must file a lawsuit to foreclose the lien within 1 year of recording it, or within 30 days if served with a notice to file suit.
What are the requirements for making a bond claim on a public project?
Indiana law does not require preliminary notice for bond claims, but you must follow the timeline and process stated in the public works contract.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
