Indiana Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanics' Mechanic Lien Rights Under Indiana Code §32-28-3-1 — Private Works, Retainage Mechanic Liens & Public Bond Claims
Indiana mechanic lien deadline table with toggles for project type and claimant type.
Indiana Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Commercial projects: record the Notice of Intention to Hold a Mechanic's Lien with the county recorder within 90 days after the last date of furnishing labor or materials.
Class 2 residential projects (owner-occupied single or double family dwellings): record within 60 days after the last date of furnishing labor or materials.
Commence a suit to foreclose the mechanic lien within 1 year after recording the Notice of Intention to Hold a Mechanic's Lien.
Preliminary Notice
Mechanic Lien
Commercial projects: record the Notice of Intention to Hold a Mechanic's Lien with the county recorder within 90 days after the last date of furnishing labor or materials.
Class 2 residential projects (owner-occupied single or double family dwellings): record within 60 days after the last date of furnishing labor or materials.
Enforcement
Commence a suit to foreclose the mechanic lien within 1 year after recording the Notice of Intention to Hold a Mechanic's Lien.
Indiana Mechanic Lien Law Overview
Indiana construction mechanic lien rights are governed by Indiana Code §32-28-3-1, §32-28-3-3, and §32-28-3-6. This statutory framework protects the payment rights of contractors, subcontractors, materialmen, lessors of equipment, and laborers who perform work or furnish materials for the improvement of real property in Indiana. Mechanic Lien filing deadlines vary depending on the type of dwelling involved.
A critical preliminary notice requirement exists for residential projects in Indiana. For repair or alteration work on single or double family dwelling units, a notice of furnishing must be served on the owner within 30 days of first performance. For new construction on residential projects, this notice must be served within 60 days of first furnishing labor or materials. IC §32-28-3-1. If the property is leased, notice must be given to the owner before commencing work. IC §32-28-3-9.
Indiana provides additional remedies including personal liability of the owner through a mechanic lien on retainages under IC §§32-8-3-9 and 32-8-3-12. A written Notice of Indebtedness creates a mechanic lien on any retainages or contract monies due, and the owner becomes personally liable if retainage is not withheld after receipt of notice. The general contractor's receipt of payment from an owner is not a condition precedent to the right to record or foreclose a mechanic lien, except for single or double family residences and public/municipal/private/not-for-profit utilities.
For public works projects, Indiana requires a 100% payment bond on political subdivision contracts exceeding $100,000 under IC §§4-13, 5-16-2-1-5, and 36-1-12-13.1. Separate procedures apply for highway projects under IC §8-23-9-30. Mechanics' mechanic liens are invalid if a validly recorded no-lien contract exists, and the mechanic lien law does not apply to railroad construction. National Lien & Bond provides authoritative guidance on every aspect of Indiana construction mechanic lien compliance.
Topics on This Page
Indiana Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Indiana construction mechanic lien law.
Notice Requirements
Preliminary notice of furnishing deadlines, leased property notice obligations, and public works bond claim notice rules under Indiana law
Mechanic Lien Deadlines
90-day and 60-day mechanic lien recording deadlines, retainage mechanic lien procedures, and filing requirements under IC §32-28-3-1
Mechanic Lien Enforcement Deadlines
1-year suit deadline, 30-day notice to commence suit, public works bond claim enforcement, and highway project litigation timelines
Frequently Asked Questions
What statute governs mechanics' mechanic liens in Indiana?
Private works mechanics' mechanic lien rights are governed by Indiana Code §32-28-3-1, §32-28-3-3, and §32-28-3-6. Public works payment bond claims fall under IC §§4-13, 5-16-2-1-5, 36-1-12-13.1 for public buildings and IC §8-23-9-30 for highway projects.
What preliminary notice is required in Indiana?
For residential projects, a notice of furnishing must be served on the owner within 30 days (repair/alteration) or 60 days (new construction) of first performance. For leased property, notice to the owner is required before commencing work. No preliminary notice is required for public works. IC §32-28-3-1, §32-28-3-9.
What is the deadline to file a mechanics' mechanic lien in Indiana?
The general deadline is 90 days after last performance. For single or double family dwelling units, the deadline is 60 days after performing labor or furnishing materials. IC 22-12-1-5.
How long do I have to enforce an Indiana mechanics' mechanic lien?
Suit must be filed within 1 year after the mechanic lien is recorded, or within 30 days if the owner or interest holder serves a notice to commence suit. IC §32-28-3-6.
What is the retainage mechanic lien remedy in Indiana?
A written Notice of Indebtedness creates a mechanic lien on retainages or contract monies due. The owner becomes personally liable if retainage is not withheld after receipt of notice. IC §§32-8-3-9 and 32-8-3-12.
Can I file a mechanic lien on a public project in Indiana?
No. Mechanics' mechanic liens cannot be filed on public property. Payment rights are pursued through payment bond claims. For public buildings (contracts over $100,000), file a Verified Claim on Bond with the Public Authority. For highway projects, file under IC §8-23-9-30.