Indiana Lien Waiver Guide
Indiana accepts custom lien waiver forms. No statutory forms are mandated.
Key Information
Waiver Type
Non-Statutory
Filing Deadline
60 days from last furnishing labor or materials (90 days for residential)
Notice Requirements
Subcontractors must provide written notice to the owner before filing a lien.
Key Statutes
Ind. Code §32-28-3-1 et seq.
Waiver Types in Indiana
Conditional Waiver on Progress Payment
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress Payment
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final Payment
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final Payment
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
Indiana Lien Waiver Rules
Indiana does not require statutory lien waiver forms. Custom waivers are enforceable. Indiana has specific notice requirements for subcontractors that must be followed to preserve lien rights. Waivers should clearly state whether they are conditional or unconditional.
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