Indiana Construction Lien FAQ

The deadline to record your Notice of Intention to Hold Lien is strict and depends on the type of project:

Project    Type.                                              Deadline    (Days from Last furnishing of labor or materials)

Residential   Projects                                   60   days

Commercial/Industrial/Other   Projects.       90   days

If you miss the 60-day or 90-day window, you lose the right to file a lien for that work.

The preliminary notice requirement (sometimes called a Pre-Lien Notice or Notice of Lien Rights) is required for those who do not have a direct contract with the owner.

New Residential (Subcontractors / Suppliers)
Who must send notice: Parties without a direct contract with the owner
Deadline: Within 60 days of first furnishing labor or materials
Requirement: Must be served on the owner and filed with the County Recorder

Existing Residential / Remodel (Subcontractors / Suppliers)
Who must send notice: Parties without a direct contract with the owner
Deadline: Within 30 days of first furnishing labor or materials
Requirement: Must be served on the owner

Yes, the Personal Liability Notice is a unique and powerful tool for subcontractors and suppliers in Indiana.

• Purpose: It notifies the property      owner that you are unpaid and that they should withhold payment from the      general contractor (GC) sufficient to cover your claim.

• Effect: If the owner pays the GC      after receiving the PLN while funds are still due, the owner can be held      personally liable to you for the amount they should have withheld.

• Deadline: There is no specific      deadline, but the notice must be received by the owner while they still      hold funds due to the party who hired you.

You must record the lien with the County Recorder’s Office in the county where the property is located. All documents must meet local recording standards, including being notarized and having legible text.

The Notice of Intention to Hold Mechanic’s Lien must contain specific information to be valid:

• Amount      claimed as due and owing.

• Name      and address of the claimant (you).

• Name      of the party who hired the claimant.

• Name      of the property owner/lessee.

• Legal      property description.

• First      and last date of work.

• The      document must be signed and notarized.

A Preparation Statement and an Affirmation Statement must be included

The standard deadline to enforce your lien by filing a foreclosure lawsuit is short:

• You must file a suit to      foreclose the lien within 1 year of the date the lien was recorded.

• Shortened Deadline: If the      owner sends you a written Notice to Commence Suit (a "30-Day      Letter") via certified mail, you are forced to file your foreclosure      lawsuit within 30 days of receiving that demand, or the lien expires.

If you miss the applicable 60-day (residential) or 90-day (commercial/industrial) deadline to record a Notice of Intention to Hold Mechanic’s Lien, you permanently lose your lien rights for that work. Indiana courts strictly enforce lien deadlines, and once the filing window closes, a lien cannot be recorded regardless of the amount owed or the reason for nonpayment.

No. Indiana law does not impose a minimum or maximum dollar amount for filing a mechanics lien. A lien may be recorded for any unpaid balance that is due and owing. However, contractors and suppliers should always consider the cost-effectiveness of filing a lien relative to the amount in dispute.

Yes. Indiana allows multiple lien claimants to record mechanics liens against the same property. For example, a project may involve a general contractor, plumber, electrician, and material supplier. If each party provided labor or materials and was not paid, each may file their own lien for the amount owed to them, subject to Indiana’s notice and deadline requirements.

If you have recorded a lien and are subsequently paid the full amount of the claim, you must release the lien.

• You must prepare and file an      Indiana Lien Release (or Discharge of Lien) with the County Recorder.

• If the property owner makes a      written demand for the release, you are required to file the release      within 15 days of that demand. Failure to do so makes you liable to the      owner for damages.