IN · Mechanics Lien Law
Indiana Mechanics Lien Law: Deadlines, Notices & Filing Guide
Indiana mechanics lien recording is governed by Ind. Code § 32-28-3-3, with public works bond claims under Ind. Code §§ 5-16-5 and 36-1-12-13.1. This summary walks through Indiana's 90-day filing deadline, foreclosure timing, and public project notice rules.
Indiana mechanics lien deadlines at a glance
Preliminary notice is not required on private commercial projects in Indiana, though owner-occupied residential (Class 2) projects carry separate pre-furnishing notice obligations that warrant a closer look before work begins. Because most commercial claimants have no notice step, the lien filing itself becomes the first formal notice the owner receives of an unpaid claim.
An Indiana mechanics lien claimant must record a sworn statement and notice of intention to hold a lien with the county recorder within 90 days after last furnishing labor or materials, as set out in Ind. Code § 32-28-3-3. This deadline is measured from the claimant's own final date of work or delivery, so subcontractors and suppliers should not assume the general contractor's schedule controls their own filing window.
A foreclosure action ordinarily must be commenced within one year of recording the lien, but if the owner serves a Demand to Foreclose, that window collapses to just 30 days.
On Indiana public works, unpaid claimants look to the payment bond rather than a lien against government property. A claimant must serve written notice of the bond claim on both the awarding authority and the prime contractor within 60 days after last furnishing labor or materials.
Primary statute
Ind. Code § 32-28-3-3 · Ind. Code §§ 5-16-5 & 36-1-12-13.1
Who can file a mechanics lien in Indiana?
Indiana lien rights are available to contractors, subcontractors, sub-subcontractors, material suppliers, and, where permitted by statute, design professionals who furnished labor, materials, or services to a project in the state.
Overview of Indiana lien practice
Indiana's lien process places a premium on prompt action once a Demand to Foreclose has been served, since the standard one-year foreclosure window can shrink to as little as 30 days. Claimants should therefore treat the initial 90-day recording deadline under Ind. Code § 32-28-3-3 as only the first checkpoint, not the end of the process, and continue monitoring the file for any demand from the owner. Because private commercial projects carry no preliminary notice obligation, the recorded lien often serves as the owner's first formal warning of nonpayment, making accuracy in the sworn statement particularly important. Owner-occupied residential projects are treated differently and require attention to separate pre-furnishing notice rules. On public projects, since Indiana public property cannot be liened, claimants must instead pursue the payment bond and serve notice on both the awarding authority and the prime contractor within 60 days of last furnishing. Recording in the correct county and naming the accurate owner of record remain basic but essential steps throughout.
Common pitfalls on Indiana projects
Not serving a copy on the owner
After recording, the claimant should send a copy of the recorded notice to the owner by certified mail to help establish proper notice.
Missing a Demand to Foreclose deadline
If the owner serves a Demand to Foreclose, the claimant has only 30 days to file suit or the lien is extinguished.
Assuming residential and commercial rules match
Class 2 owner-occupied residential projects carry separate pre-furnishing notice requirements that do not apply to commercial work.
Indiana mechanics lien FAQs
When must a mechanics lien be recorded in Indiana?
Within 90 days after last furnishing labor or materials, the claimant must record a sworn statement and notice of intention to hold a lien with the county recorder.
Is preliminary notice required in Indiana?
Not for private commercial projects, though owner-occupied residential projects have their own pre-furnishing notice rules worth confirming before starting work.
How long do I have to enforce a lien in Indiana?
Generally one year from recording, but that period shortens to just 30 days if the owner serves a Demand to Foreclose.
What about Indiana public projects?
Claimants must serve written bond claim notice on the awarding authority and the prime contractor within 60 days of last furnishing labor or materials.
Filing a Indiana mechanics lien or bond claim?
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This page is general information and not legal advice. Statutes change — verify against the official text linked above.