Mechanics liens

Indiana mechanics lien law and deadlines

Indiana claimants record a sworn statement of intention to hold a lien with the county recorder within 90 days after last performing labor or furnishing materials, or within 60 days on Class 2 structures such as one- and two-family homes, and must sue to foreclose within 1 year.

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Indiana's mechanics lien law lives in Indiana Code 32-28-3. The short answer: record a sworn statement and notice of intention to hold a lien with the county recorder no later than 90 days after your last labor or materials, or no later than 60 days if the job is a Class 2 structure (one- or two-family homes, townhouses, and their outbuildings). Then file a foreclosure complaint within 1 year after recording. On owner-occupied homes, subs and suppliers also have an early notice duty that, if missed, means no lien at all.

Indiana mechanics lien deadlines at a glance (private projects)
StepDeadlineStatute
Pre-lien notice, repair or alteration of owner-occupied 1 or 2 family dwellingWithin 30 days after first delivery or labor (anyone not dealing directly with the occupying owner)IC 32-28-3-1(h)
Pre-lien notice, original construction of owner-occupied 1 or 2 family dwellingWithin 60 days after first delivery or labor, plus a copy filed with the county recorder within 60 daysIC 32-28-3-1(i)
Record lien, most projectsNo later than 90 days after last labor or materialsIC 32-28-3-3(a)
Record lien, Class 2 structuresNo later than 60 days after last labor or materialsIC 32-28-3-3(b)
ForecloseWithin 1 year after recording (or after a recorded credit expires)IC 32-28-3-6
Suit after owner's written noticeWithin 30 days of receiving it or the lien is voidIC 32-28-3-10
Public projectsNo lien. Payment bond required when public works exceed $200,000IC 36-1-12-13.1

Who can claim a lien in Indiana

Section 32-28-3-1 lists contractors, subcontractors, mechanics, lessors of construction equipment and tools, journeymen, laborers, and any other person performing labor or furnishing materials or machinery. Suppliers fall into the catch-all. Architects, engineers, and surveyors are not named in that list, so a design firm should get advice before relying on lien rights for plan or survey work.

Preliminary notice on owner-occupied homes

On commercial jobs and non-owner-occupied work, Indiana does not require a general preliminary notice before you can lien. Owner-occupied single and double family dwellings are different, and the notice is a condition precedent, meaning no notice, no lien:

  • Remodels and repairs. Anyone furnishing labor, materials, or machinery on credit to a contractor, sub, or anyone other than the occupying owner must give the owner written notice of the delivery or work and of the existence of lien rights within 30 days after first delivery or labor.
  • New construction for an owner-occupant. The supplier must give the owner of record written notice within 60 days after first delivery or labor and also file a copy of that notice with the county recorder within 60 days.

There is also a buyer trap on new homes. A lien for original construction does not attach to a single or double family dwelling bought by an innocent purchaser for value without notice unless your notice of intention to hold a lien was recorded before the buyer's deed. On spec houses, record early.

Recording the lien

File the sworn statement and notice of intention to hold a lien in duplicate with the recorder of the county where the property sits. The recorder mails one duplicate to the owner within 3 business days. Which deadline applies depends on the building, not the trade: the 60 day limit applies to Class 2 structures and improvements auxiliary to them, which Indiana's building law defines as townhouses or buildings with one or two dwelling units plus outbuildings like garages, barns, and family pools.

Enforcement and the 30 day notice

Section 32-28-3-6 requires a complaint in the circuit or superior court of the county within 1 year after recording, or after a written credit expires if that credit was signed by the lienholder and all owners of record and recorded within the year. Miss it and the lien is void. Owners can shorten the window. Under section 32-28-3-10, the owner or anyone with an interest in the property can give written notice to sue, and the lienholder then has 30 days to file. If nothing is filed, the owner can record an affidavit and the property is released, though the debt itself can still be collected like any other claim.

Lien waivers and no-lien contracts

Indiana's lien chapter, as reviewed for this page, does not prescribe a statutory lien waiver form, so waivers follow contract or title company language. Read each one, and use a conditional lien waiver until funds clear. Indiana also lets an owner and contractor sign a no-lien contract. It binds lien claimants only if it is in writing, includes the legal description, is acknowledged like a deed, and is recorded within 5 days of signing, and it does not reach work furnished before it was filed. Ask the GC whether one is recorded before you start.

Public projects use payment bonds

Public property cannot be liened. For local public works estimated to cost more than $200,000, IC 36-1-12-13.1 requires a payment bond equal to the contract price, protecting subs, laborers, suppliers, and service providers. A claimant files duplicate statements of the amount due with the board within 60 days after last furnishing and delivers a copy to the contractor, waits 30 days, and then may sue, with suit due within 60 days after final completion and acceptance. State agency projects run under their own statutes, so read the bid documents. Related Indiana pages: prevailing wage, prompt payment, and contractor licensing.

The 60 versus 90 day split is exactly the kind of rule that gets lost between the field and the office. Smart Business Automator flags each job's building class and last-furnished date alongside open invoices in construction accounts receivable automation.

Frequently asked questions

How long do I have to file a mechanics lien in Indiana?

No later than 90 days after your last labor or materials on most projects, and no later than 60 days on Class 2 structures such as one- and two-family homes and townhouses.

Does Indiana require a preliminary notice?

Only on owner-occupied single and double family dwellings. Lower-tier parties must notify the owner within 30 days of first furnishing on repairs and alterations, or within 60 days on original construction with a copy filed with the recorder.

How long is an Indiana mechanics lien valid?

You must file a foreclosure complaint within 1 year after recording, or the lien is void. An owner can force the issue with a written notice that gives you 30 days to sue.

Can I lien a public project in Indiana?

No. Local public works over $200,000 require a payment bond. Bond claimants file a statement with the board within 60 days of last furnishing.

Sources

  1. IC 32-28-3-1, persons entitled to lien and residential notices (FindLaw statute text, current as of January 1, 2026)
  2. IC 32-28-3-3, recording the statement of intention to hold a lien (FindLaw statute text)
  3. IC 32-28-3-6, enforcement deadline (FindLaw statute text)
  4. IC 32-28-3-10, notice to file foreclosure (FindLaw statute text)
  5. IC 22-12-1-5, Class 2 structure definition (FindLaw statute text)
  6. IC 36-1-12-13.1, public works payment bonds (FindLaw statute text)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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