Mechanics Lien Deadlines in Indiana
Indiana's mechanic's lien law names who may claim a lien, requires pre-lien notice to owners of single or double family dwellings, sets the time to file the notice of intention to hold a lien after performing labor or furnishing materials, and fixes one year after that recording to file a foreclosure complaint.
In Indiana, mechanic's liens are governed by Chapter 3 of Article 28 of Title 32 of the Indiana Code. A contractor, subcontractor, or other person who performs labor or furnishes materials or machinery for the erection, alteration, repair, or removal of a building or other structure may acquire a lien on the improvement and on the owner's interest in the land. The statute sets pre-lien notice duties for work on single or double family dwellings, the deadline to file the sworn notice of intention to hold a lien, and the deadline to enforce the lien in court.
Filing and enforcing a mechanics lien in Indiana
A supplier that sells or furnishes on credit any material, labor, or machinery for the alteration or repair of an owner occupied single or double family dwelling to a contractor, subcontractor, mechanic, or anyone other than the occupying owner must furnish the occupying owner a written notice of the delivery or work and of the existence of lien rights not later than thirty (30) days after the date of first delivery or labor performed. 1
A supplier that sells or furnishes on credit material, labor, or machinery for the original construction of a single or double family dwelling for the intended occupancy of the owner must furnish the owner a written notice of the delivery or labor and the existence of lien rights not later than sixty (60) days after the date of the first delivery or labor performed. 2
A person who wishes to acquire a lien upon property must file a sworn statement and notice of the person's intention to hold a lien in the recorder's office of the county not later than ninety (90) days after performing labor or furnishing materials or machinery described in section 1 of the chapter. 3
For work related to a Class 2 structure, a person who wishes to acquire a lien upon property must file the sworn statement and notice of intention to hold a lien in the recorder's office of the county not later than sixty (60) days after performing labor or furnishing materials or machinery described in section 1 of the chapter. 4
Sources
A person that sells or furnishes on credit any material, labor, or machinery for the alteration or repair of an owner occupied single or double family dwelling to a contractor, subcontractor, mechanic, or anyone other than the occupying owner or the owner's legal representative must furnish the occupying owner a written notice of the delivery or work and of the existence of lien rights not later than thirty (30) days after the date of first delivery or labor performed.
A person that sells or furnishes on credit material, labor, or machinery for the original construction of a single or double family dwelling for the intended occupancy of the owner must furnish the owner a written notice of the delivery or labor and the existence of lien rights not later than sixty (60) days after the date of the first delivery or labor performed.
A person who wishes to acquire a lien upon property must file in duplicate a sworn statement and notice of the person's intention to hold a lien in the recorder's office of the county not later than ninety (90) days after performing labor or furnishing materials or machinery described in section 1 of this chapter.
For a person performing labor or furnishing materials or machinery related to a Class 2 structure, the sworn statement and notice of intention to hold a lien must be filed in the recorder's office of the county not later than sixty (60) days after performing labor or furnishing materials or machinery described in section 1 of this chapter.
Frequently asked questions
- Who can claim a mechanics lien in Indiana?
- A contractor, a subcontractor, a mechanic, a lessor leasing construction and other equipment and tools, a journeyman, a laborer, or any other person performing labor or furnishing materials or machinery for the erection, alteration, repair, or removal of a building or other listed structure may have a lien.
- How long do I have to file a mechanics lien in Indiana?
- A person who wishes to acquire a lien must file a sworn statement and notice of intention to hold a lien in the county recorder's office not later than ninety (90) days after performing labor or furnishing materials or machinery, or not later than sixty (60) days for work related to a Class 2 structure.
- How long do I have to enforce a mechanics lien in Indiana?
- A person must file a complaint to enforce the lien not later than one (1) year after the date the statement and notice of intention to hold a lien was recorded.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.