State Information | Indiana | National Lien Services

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.

Prime / Original / General Contractors (GCs): Private/Commercial: No preliminary notice required for prime contractors on any project.
Subcontractors / Trade Partners (Subs): Private/Commercial: Subcontractors must serve notice on the owner within 30 days of first furnishing for repairs/alterations and within 60 days for new construction on owner-occupied dwellings.
Second-tier subcontractors: Private/Commercial: Same requirements as subcontractor; serve owner within applicable timeframe.
Lower-tier subcontractors: Private/Commercial: Same requirements as subcontractor; must serve notice to the owner.
Material suppliers: Private/Commercial: Must serve notice on the owner within 30 or 60 days if supplying to owner-occupied residential dwellings.
Equipment lessors: Private/Commercial: Same as material suppliers if supplying to residential owner-occupied projects.
Second-tier material suppliers: Private/Commercial: Must serve the owner within statutory timeframe for owner-occupied dwellings.
Lower-tier material suppliers: Private/Commercial: Must comply with same notice requirements when supplying to residential 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

On public projects, mechanic's lien rights are typically replaced by bond claim rights. Bond claim notice and enforcement timelines can vary by project type and bond language, so coordinate with your construction attorney to confirm the correct deadline and required notice path.

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 online lien-related information for construction project parcels—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.

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Not only do we provide the tools, knowledge, and team to help you feel confident your rights are secured—we’re prepared for the trenches and ready to coordinate with your legal team when things “go sideways” on a project.

Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Indiana