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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of Indiana's mechanic's lien laws to help you protect your right to payment.
Not required
Only required on owner-occupied single- or double-family residential projects—within 30 days from first furnishing for repairs/alterations, or within 60 days from first furnishing for original construction
Only required on owner-occupied single- or double-family residential projects—within 30 days from first furnishing for repairs/alterations, or within 60 days from first furnishing for original construction
Not required
Not required
Not required
Non-residential projects: Within 90 days after the last day of work
Residential projects: Within 60 days after the last day of work
Non-residential projects: Within 90 days after the last day of work/materials delivered
Residential projects: Within 60 days after the last day of work/materials delivered
Non-residential projects: Within 90 days after the last day of work
Residential projects: Within 60 days after the last day of work
Within 1 year from when the lien is recorded; may be shortened to 30 days if the owner sends a written demand to foreclose
Within 1 year from when the lien is recorded; may be shortened to 30 days if the owner sends a written demand to foreclose
Within 1 year from when the lien is recorded; may be shortened to 30 days if the owner sends a written demand to foreclose
Unpaid value of lienable labor, materials, or machinery
Unpaid value of lienable labor, materials, or machinery
Unpaid value of lienable labor
Governed by Indiana Code, Title 32, Article 28, Chapter 3, Indiana mechanic's lien rights apply to private construction projects. (Public projects cannot be liened in Indiana; if you're unpaid on public work, the usual remedy is a payment bond claim under Indiana's public works bond rules.)
Two key things to note about Indiana mechanic's liens are that:
- A preliminary notice is required only on certain owner-occupied single- or double-family residential projects, with different deadlines depending on whether the work is repair or alteration vs. original construction.
- Owners and lenders have a way to force lien claimants to act. They can submit a written demand to shorten the normal lien enforcement period from 1 year to 30 days.
We get into all of this below.
In Indiana, mechanic's lien rights extend to:
- General (original) contractors
- Subcontractors and lower-tier subcontractors
- Mechanics, journeymen, and laborers
- Equipment and tool lessors
- Material suppliers and others furnishing materials or machinery
- Certain railroad construction and repair work (Ind. Code § 32-28-3-12)
To be eligible for a mechanic's lien in Indiana, your work must constitute one of the following “lienable work” categories for labor or materials per Indiana mechanic’s lien statutes.
Lienable Work in Indiana
- Erection, alteration, repair, or removal of a house, mill, manufactory, building, bridge, reservoir, waterworks system, or structure
- Construction, alteration, repair, or removal of a walk, sidewalk, stile, well, drain, drainage ditch, sewer, or cistern
- “Earth-moving operations,” including excavation, moving materials, or filling
- Leasing equipment or tools used for the improvement
- Furnishing materials or machinery for use on the job site
Non-Lienable Work in Indiana
- Work on public property
- Purely administrative services that are not clearly defined as “labor” for the improvement of a property
- Materials, equipment, or suppliers not actually furnished for, delivered to, or used in the improvement
Before filing a lien in Indiana, make sure you’ve met any notice or preliminary requirements that apply to your role (see table above).
Deadline to File
- Most non-residential projects: All claimants must record a sworn statement and Notice of Intent to Hold a Lien within 90 days of last furnishing of work or materials.
- Certain residential projects: All claimants must record a sworn statement and Notice of Intent to Hold a Lien within 60 days of last furnishing of work or materials (Ind. Code § 32-28-3-3).
Filing Requirements
- Filing location: File a sworn statement and Notice of Intent to Hold a Lien (in duplicate) in the county recorder’s office where the property is located.
- Form requirements: Per Ind. Code § 32-28-3-3, a Notice of Intention to Hold a Lien must include:
- Amount of lien claim
- Claimant’s name and address
- Owner's name and latest address
- Legal property description and street address
- Verification: The Notice of Intention to Hold a Lien must be notarized.
- Filing fee: The recorder charges $2 fee per statement.
Service Requirements
The recorder must mail a copy (first class) to the owner within three business days after filing the lien (Ind. Code § 32-28-3-3(d)).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Indiana.
Enforcement Requirements
- Enforcement deadline: File a foreclosure complaint within one year after the statement and notice were filed, or the expiration date of a credit (if given). If the owner serves the lienholder with a Notice to Foreclose, the enforcement window shrinks to 30 days (Ind. Code § 32-28-3-10).
- Filing location: Circuit or superior court in the county where the property is located.
- Lien priority: Once recorded, the lien is created and generally relates back to when the claimant first furnished labor, materials, or machinery. Generally speaking, all mechanic’s liens are on equal footing against each other.
Lien Release Requirements
Once a lien is paid, the claimant should record a written release or satisfaction with the county recorder where the lien was filed. This clears the lien from the property’s title.
- Unified workflow: Manage lien rights within your billing and collections workflow to keep payment context in one place.
- Automated compliance: Automatically track critical deadlines and milestones based on each state's lien laws.
- Meaningful visibility: View the lien protection status for each project to identify and mitigate risk.
- Document creation: Generate state-specific lien notices instantly using existing project data
- Integrated delivery: Send notices via certified mail directly from Siteline to streamline delivery.
Indiana doesn’t require contractors to be licensed to claim a mechanic’s lien. However, it’s generally best practice to obtain one to cover your bases. If this is a concern for your project, it’s smart to talk with an Indiana construction attorney.
Yes, enforcement can be shortened. Any owner, mortgagee, or other interested party can send a written demand requiring the lienholder to foreclose within thirty days of receiving the notice, or the lien becomes void (Ind. Code § 32-28-3-10).
Also, enforcement timing can be affected by a “credit” arrangement, but only if it meets strict writing, execution, and recording rules (Ind. Code § 32-28-3-6(c)).
No. Indiana does not require a separate Notice of Intent before recording the lien.
Sometimes. Indiana only requires a preliminary notice for certain owner-occupied single- or double-family residential projects, and this requirement generally applies to subcontractors, suppliers, and laborers.
- For repair or alteration work on an owner-occupied single- or double-family dwelling: A preliminary notice must be delivered to the owner within 30 days of first furnishing labor, materials, or equipment (Ind. Code § 32-28-3-1(h)).
- For original construction of an owner-occupied single- or double-family dwelling: A preliminary notice must be delivered to the owner and recorded with the county recorder within 60 days of first furnishing labor, materials, or equipment (Ind. Code § 32-28-3-1(i)).
Missing a required preliminary notice on a covered residential project can result in the loss of lien rights.
Most commercial and multi-family projects do not require a preliminary notice.
No, you don’t need to fill out a statutory lien waiver form for Indiana construction jobs. Clearly state the amount being waived and the applicable property for work performed. For more information, review our Indiana lien waiver guide here.
Indiana allows a lien for the unpaid value of lienable labor and materials/machinery, including the use of leased equipment and tools furnished for the improvement (Ind. Code § 32-28-3-1(b)).
While attorney’s fees can’t be added to the lien amount, the prevailing party can ultimately recover them.
No. Indiana’s lien statute does not require a written contract to record a lien. That said, written contracts (and written change orders) make it much easier to prove scope, timing, and amounts due if the lien is challenged.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.