Indiana lien waiver requirements
Indiana voids any pre-payment lien waiver provision. The contract clause itself is void.
Indiana Code §32-28-3 (§32-28-3-16)
The short version
Indiana Code §32-28-3-16 voids any contract provision that requires a claimant to waive lien rights before payment is received. The clause itself is unenforceable, not just the waiver. Indiana doesn't prescribe a waiver form, so plain-English partial and final waivers signed after payment are the standard. Add the 60-day residential / 90-day commercial lien deadline and the workflow is tight.
At a glance
- IC §32-28-3-16: voids pre-payment waiver clauses
- No statutory waiver form
- 60-day residential lien filing deadline
- 90-day commercial lien filing deadline
What Indiana law actually requires
IC §32-28-3-16 voids any contract provision that requires a person furnishing labor, materials, or machinery to waive lien rights before payment. The clause itself is void. The protection applies whether the waiver targets the right to file a lien or the right to give notice of intention to lien.
Indiana doesn't prescribe a waiver form. After payment, a plain-English partial or final waiver that names the claimant, the project, the through-date, and the dollar amount is the working standard.
Indiana residential vs commercial deadlines
Residential projects (single and two-family dwellings) have a 60-day deadline to record a Sworn Statement and Notice of Intention to Hold Mechanic's Lien from the claimant's last day of work. Commercial projects have 90 days.
Sub-tier claimants on owner-occupied residential work also face a preliminary notice rule: 60 days from first furnishing on new construction, 30 days on renovations. Missing the preliminary notice on residential work caps your lien rights.
Common Indiana mistakes
Putting a lien waiver clause in the sub contract. §32-28-3-16 voids the clause itself, not just the waiver.
Using the 90-day commercial deadline on a 1-to-2-family residential project. The residential deadline is 60 days.
Skipping the preliminary notice on residential renovations. The 30-day window is short and ruins lien rights when missed.
Questions
Does Indiana require a statutory lien waiver form?
No. IC §32-28-3 does not prescribe a waiver form. A plain-English partial or final waiver signed after payment is the working standard.
Can an Indiana sub waive lien rights in the contract?
No. IC §32-28-3-16 voids any contract provision that requires a claimant to waive lien rights before payment is received. The clause itself is unenforceable.
What is the Indiana mechanic's lien filing deadline?
60 days from last furnishing on residential 1-to-2-family projects. 90 days on commercial and all other projects. Sub-tier claimants on owner-occupied residential work also have preliminary notice deadlines.
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