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Lien waivers by state · Indiana

Indiana lien waiver requirements

Indiana is a non-statutory state

Indiana does not prescribe a statutory lien-waiver form or mandatory waiver language, so waivers may be freely worded as long as they are written and signed by the party waiving. However, Indiana Code § 32-28-3-16 voids any contract provision that requires a contractor, subcontractor, or supplier to waive lien (or payment-bond) rights before being paid, so enforceable waivers are effectively limited to amounts actually paid (conditional waivers are the safe practice).

Statute: Ind. Code § 32-28-3 (Mechanic's Liens), with the anti-advance-waiver provision at Ind. Code § 32-28-3-16

Indiana lien waiver forms

The four standard waiver-and-release types and Indiana’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Lien waivers do not need to be notarized in Indiana. Note: this is separate from the mechanics lien itself — documents recorded with the county recorder (e.g., the Sworn Statement and Notice of Intention to Hold a Lien) must be notarized under Ind. Code § 32-21-2-3, but waivers are not recorded and carry no notarization requirement.
Mandatory statutory language: Indiana does not mandate any specific statutory waiver wording. The key statutory constraint is the reverse: Ind. Code § 32-28-3-16 makes void any provision requiring a party to waive lien or payment-bond rights before payment, so an advance/unconditional waiver of unpaid amounts is unenforceable.
Electronic signatures accepted

Key Indiana deadlines

Preliminary / pre-lien notice: Not required for general contractors or on commercial/non-residential projects. Subcontractors/suppliers without a direct contract with the owner must give pre-lien notice only on owner-occupied residential dwellings: within 60 days of first furnishing for new construction, or within 30 days for alteration/repair work.
Notice of intent to lien: No separate pre-foreclosure "notice of intent to lien" is required in Indiana. (The recorded lien document itself is titled a "Notice of Intention to Hold a Lien," but that is the lien filing, not a separate warning notice.)
Mechanics lien filing deadline: Within 90 days of last furnishing labor/materials on commercial/non-residential projects; within 60 days on residential (1-2 family dwelling) projects.

Indiana lien waiver FAQ

Does Indiana require a specific lien waiver form?

No. Indiana does not require any specific or statutory lien waiver form; waivers may be freely worded so long as they are written and signed by the party waiving its rights. However, Ind. Code § 32-28-3-16 voids any waiver of lien rights demanded before payment, so a waiver only safely covers amounts actually paid.

Do lien waivers need to be notarized in Indiana?

No. Indiana does not require lien waivers to be notarized. (Notarization is required for documents recorded with the county recorder, such as the lien itself, but not for waivers, which are not recorded.)

Can lien waivers be signed electronically in Indiana?

Yes. Electronic signatures are valid on Indiana lien waivers under the federal E-Sign Act and Indiana's adoption of UETA; an e-signed waiver is as enforceable as a wet-ink one.

What is the deadline to file a mechanics lien in Indiana?

Within 90 days of last furnishing labor or materials on commercial/non-residential projects, and within 60 days on residential (one- or two-family dwelling) projects, measured from the last date the claimant provided labor or materials.