All Claimants — 90-Day General Recording Deadline
Under Indiana law, all claimants — original contractors, subcontractors, materialmen, lessors of equipment, and laborers — must record a mechanics' mechanic lien within 90 days after the date of last performance of labor or furnishing of materials or machinery. IC §32-28-3-3.
This 90-day deadline is the general rule that applies to most construction projects in Indiana. The mechanic lien is recorded with the county recorder in the county where the improved property is located.
Single or Double Family Dwelling Units — 60-Day Deadline (IC 22-12-1-5)
For single or double family dwelling units, the mechanic lien must be filed within 60 days after performing labor or furnishing materials or machinery. IC 22-12-1-5. This shorter deadline reflects the policy of providing faster resolution for residential construction disputes.
This 60-day deadline applies to all claimant types working on single or double family dwelling projects, including original contractors, subcontractors, materialmen, lessors of equipment, and laborers.
Personal Liability of Owner — Mechanic Lien on Retainages (IC §§32-8-3-9 & 32-8-3-12)
In addition to the mechanics' mechanic lien, subcontractors, materialmen, lessors of equipment, and laborers may create a mechanic lien on retainages or contract monies by serving a written Notice of Indebtedness on the owner and general contractor.
This remedy does not require recording a mechanic lien with the county recorder. Instead, the written notice itself creates the mechanic lien on retainages. The owner becomes personally liable if retainage is not withheld after receipt of the notice. Various suit limitations apply — counsel should be consulted immediately upon giving notice.
Public Works — Verified Claim on Bond (Public Buildings)
On public building projects involving political subdivision contracts greater than $100,000, a 100% payment bond is required. The Verified Claim on Bond must be filed as follows: 2 copies filed with the Public Authority and a copy sent to the Surety.
The claim must be filed within 60 days after last performance and not later than 30 days after final acceptance and completion of the project. Local rules must be checked for additional filing requirements. IC §§4-13, 5-16-2-1-5, 36-1-12-13.1.
Public Works — Verified Claim on Bond (Highways) (IC §8-23-9-30)
On highway projects, the Verified Claim on Bond must include 3 copies filed with the Public Authority within 60 days after last performance and not later than 30 days after final acceptance and completion of the project. IC 8-23-9-26 and 27.
The Notice of Claim requires the Department to withhold funds until the claim is settled or 90 days after notice of rejection of the claim is received by the claimant and the claimant has not provided proof of suit against the contractor.
No-Lien Contracts & Railroad Exclusion
Mechanics' mechanic liens are invalid in Indiana if a validly recorded no-lien contract exists. Before filing a mechanic lien, it is essential to check with the county recorder to determine whether a no-lien contract has been recorded to avoid slander of title problems.
Indiana's mechanics' mechanic lien law does not apply to railroad construction. Parties involved in railroad projects must pursue other remedies for nonpayment.
GC Payment Not a Condition Precedent
Under Indiana law, the general contractor's receipt of payment from an owner is not a condition precedent to, or a limitation on, or a defense to the right a provider of labor, material, or equipment has to record or foreclose a mechanic lien. IC 32-8-3-18.
This protection applies to construction contracts for projects other than single or double family residences (IC 22-12-1-5) or public/municipal/private/not-for-profit utilities.
Frequently Asked Questions
What is the general deadline to file a mechanics' mechanic lien in Indiana?
All claimants must record a mechanic lien within 90 days after the date of last performance of labor or furnishing materials or machinery. IC §32-28-3-3.
Is there a shorter mechanic lien deadline for residential projects in Indiana?
Yes. For single or double family dwelling units, the mechanic lien must be filed within 60 days after performing labor or furnishing materials or machinery. IC 22-12-1-5.
What is the retainage mechanic lien remedy in Indiana?
Subcontractors and materialmen may serve a written Notice of Indebtedness that creates a mechanic lien on retainages or contract monies. The owner becomes personally liable if retainage is not withheld after notice. IC §§32-8-3-9 and 32-8-3-12.
What is the public works bond claim filing deadline in Indiana?
The Verified Claim on Bond must be filed within 60 days after last performance and not later than 30 days after final acceptance and completion. For public buildings, 2 copies go to the Public Authority plus a copy to the Surety. For highways, 3 copies go to the Public Authority.
Can I file a mechanic lien if a no-lien contract exists in Indiana?
No. Mechanics' mechanic liens are invalid if a validly recorded no-lien contract exists. Check with the county recorder before filing to avoid slander of title problems.
Related Indiana Resources
Explore other 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 Enforcement Deadlines
1-year suit deadline, 30-day notice to commence suit, public works bond claim enforcement, and highway project litigation timelines
Indiana Overview
Return to the main Indiana construction mechanic lien law page