Indiana Payment Bond Claim — File the Claim WITH THE PUBLIC BODY Within 60 Days of Last Furnishing, Then Sue Inside a Window That Closes 60 Days After Acceptance (Ind. Code § 36-1-12-13.1, 2026)
✓ Verified against Indiana statutes · Reviewed October 2026 · By Michael Evan — Founder · 50 states · 799 rules
Indiana mechanics lien deadlines at a glance
Preliminary Notice
None (comm) — Res: pre-lien notice
Mechanics Lien
60 days (res) / 90 (comm) — From last date of furnishing
Enforcement
1 year — From filing
Manage your Indiana deadlines and projects — your first project is on us → · All Indiana deadlines & forms
Why Indiana Public Work Runs on a Bond
On a private Indiana job, an unpaid subcontractor or supplier records a mechanic’s lien under Ind. Code ch. 32-28-3, generally within 90 days of last furnishing on commercial work and 60 days on residential work, after the pre-lien notice where one applies. An Indianapolis Public Schools renovation, a Hamilton County courthouse annex, a state office building let through the Public Works Division, or an INDOT bridge is different. Public property cannot be liened. Indiana substitutes a payment bond and a claim against the money the public body is still holding. Indiana has three bond statutes, not one: Ind. Code ch. 36-1-12 for political subdivisions such as cities, counties, towns, and school corporations; ch. 4-13.6-7 for state public works let through the Indiana Department of Administration’s Public Works Division; and ch. 8-23-9 for INDOT highway contracts. The first two share a 60-day deadline and a filing with the public body. The third works differently. The Mechanics Lien Management Method treats an Indiana public job as a filing-office file . The claim is filed with the public body that let the contract, not just mailed to the prime, and the first question on any stalled job is which of the three statutes governs it.
What § 36-1-12-13.1 Requires on Local Work
Start with the trigger : your own last labor, service, or material. Indiana measures from the claimant’s last day, like most states, but gives 60 days instead of 90. Next, the recipients : the board, by filing, and the contractor, by delivery. The board forwards one of the two signed statements to the surety. If it forgets, § 36-1-12-13.1(c) says the failure does not affect your rights and is not a defense for the surety. That puts Indiana among the twenty-three exceptions on the Little Miller Act deadlines map , alongside Illinois, Washington, and Colorado, where the claim goes to the public body. Last, the form : signed duplicate statements of the amount due. File two signed originals, keep a file-stamped copy, and send the contractor its copy by a method that proves delivery.
State Public Works: A Verified Claim and a Copy to the Surety
On a project let by the state through the Public Works Division, Ind. Code § 4-13.6-7-10(a) requires a subcontractor or supplier to file a verified claim with the division and deliver a copy to the contractor, not later than 60 days after its last labor, material, or service. The claim states the amount due and gives as much detail explaining it as possible. The division notifies the contractor before acting on it. That filing reaches the retained funds. Under § 4-13.6-7-9, undisputed claims are paid from the amounts retained from the contractor, prorated if there is not enough, and disputed claims are held until the dispute is resolved. Reaching the bond takes one more step. Under § 4-13.6-7-10(b), the claimant must send a copy of the claim to the surety and inform the division and the contractor that it has. The division is required to give you the information you need to do that. Under § 4-13.6-7-10(c), you may not sue the surety until 30 days after filing, and if the claim is still unpaid you may sue in your own name. That section sets no outer deadline, so do not assume you have unlimited time; read the bond and talk to an Indiana construction attorney early.
Every Indiana Public-Work Claim Deadline in One Table
The Mechanics Lien Management State System calendars the 60-day filing from your last furnishing date and flags the acceptance-based suit window. Private-work rules are on the Indiana lien statutes page, with the calculator on the Indiana mechanics lien hub . The last two rows cover federal prime contracts in Indiana, such as work at Naval Surface Warfare Center Crane, Camp Atterbury, Grissom Air Reserve Base, and the VA medical centers in Indianapolis and Fort Wayne. Those run under the federal Miller Act , which allows 90 days for notice and a year to sue. An Indiana sub working both kinds of jobs needs two calendars.
The Local Suit Window: 30 Days In, 60 Days After Acceptance Out
Ind. Code § 36-1-12-13.1(d) sets both ends of the local suit window. You may not sue the surety until 30 days after filing the statements with the board and delivering a copy to the contractor. If the debt is still unpaid, you may sue, but the action must be brought not later than 60 days after the date of final completion and acceptance of the public work . The outer limit is measured from the owner’s acceptance of the whole project, not from your work. A roofing sub that finished in March on a school accepted in August has until October. A paving supplier whose last load went out the week before acceptance has a very short window once the 30-day wait is counted. The local suit window is the shortest on the 50-state bond map. Ask the board in writing when final completion and acceptance is expected, and watch its meeting agendas. The board can make a final settlement with the contractor 30 days after completion and acceptance if the contractor has materially performed, under § 36-1-12-12(d), so the money it is holding can also leave soon after acceptance.
INDOT Highway Work Is a Separate System
INDOT contracts require a performance bond conditioned on payment for all labor, materials, and services under Ind. Code § 8-23-9-9. To claim on it, § 8-23-9-10 requires a statement of the amount due furnished to the sureties within one year after the commissioner accepts the labor, material, or services. Under § 8-23-9-11 you may not sue until 60 days after the statement, and suit must be filed within 18 months of the final acceptance of the highway or improvement. INDOT also offers a claim against contract proceeds. Under § 8-23-9-26, a claimant may file a verified, itemized statement with the department within 60 days of last furnishing and within 30 days after final acceptance of the improvement. The department sends copies to the contractor and the surety and holds the claimed amount. The contractor has 20 days to allow or reject it. If the claim is rejected, the claimant has 90 days from INDOT’s certified-mail notice to sue and must send INDOT a clerk’s certificate of filing, or the held money is released to the contractor under §§ 8-23-9-30 and 8-23-9-32.
Generate the Indiana Statement and Calendar the Window
Indiana Public Works Claim Generator Produce the signed duplicate statement for the board, or the verified claim for the Public Works Division, with the contractor and surety copies addressed. Your calendar gets the 60-day filing cutoff, the 30-day waiting period, and the 60-days-after-acceptance suit date once you enter it. Pair it with these resources: When the surety denies the claim or acceptance is approaching, connect with an Indiana construction attorney through the Mechanics Lien Management network.
Sixty Days, Filed in the Right Office
The Mechanics Lien Management lien generator produces the Indiana statement for the board or the Public Works Division, with the contractor and surety copies. The Mechanics Lien Management deadline calculator tracks the 60-day filing and the acceptance-based suit window together. Miss the deadline and you lose your claim rights entirely.
Frequently Asked Questions
What is the deadline for an Indiana payment bond claim?
Not later than 60 days after you completed your labor or service or furnished your last item of material. On local public work, Ind. Code § 36-1-12-13.1(c) sets that deadline for filing signed duplicate statements of the amount due with the board. On state public work, Ind. Code § 4-13.6-7-10(a) sets the same 60 days for a verified claim filed with the Public Works Division. In both cases a copy goes to the contractor inside the same 60 days.
Who do you file an Indiana bond claim with?
The public body, with a copy to the contractor. On a city, county, town, or school project, the statement is filed with the board that awarded the contract, and the board forwards a duplicate to the surety. On a state project let through the Indiana Department of Administration, the verified claim is filed with the Public Works Division, and the claimant must also send a copy to the surety and tell the division and the contractor it has done so. A letter to the prime alone does not satisfy either statute.
How long do you have to sue on an Indiana payment bond?
On local work, you may not sue the surety until 30 days after filing the statement with the board and delivering a copy to the contractor, and the action must be brought no later than 60 days after the date of final completion and acceptance of the public work, under Ind. Code § 36-1-12-13.1(d). That outer limit is tied to the owner's acceptance, not your last day, and it can arrive quickly. On state work, § 4-13.6-7-10(c) imposes the same 30-day wait but states no outer limit, so check the bond and get legal advice early.
When does Indiana require a payment bond on public work?
When the estimated cost of the public work is more than $200,000. Ind. Code § 36-1-12-13.1(a) requires a payment bond in an amount equal to the contract price on local projects above that figure, and Ind. Code § 4-13.6-7-6(a) requires a bond of 100% of the contract price on state projects above it. Below $200,000 a bond is optional. On state work the director may instead have the division hold 10% retainage until substantial completion.
Does the same Indiana filing also reach the money the public body is holding?
Yes. Indiana public contracts must contain a provision for paying subcontractors, laborers, suppliers, and service providers, and the board withholds money to pay them under Ind. Code § 36-1-12-13. A claim filed with the board within 60 days of last furnishing under § 36-1-12-12(b) makes the board withhold the amount of the claim, and undisputed claims are paid from money due the contractor. On state work, § 4-13.6-7-9 has the division pay undisputed claims from the retained amounts.
How is an INDOT highway bond claim different?
INDOT contracts run under Ind. Code ch. 8-23-9. A claimant furnishes the sureties on the bond a statement of the amount due within one year after the commissioner accepts the labor, material, or services under § 8-23-9-10, may not sue until 60 days after that statement, and must sue within 18 months of the final acceptance of the highway or improvement under § 8-23-9-11. A separate contract-proceeds claim can be filed with INDOT within 60 days of last furnishing and within 30 days after final acceptance under § 8-23-9-26.
What should an Indiana bond claim statement include?
On state work, § 4-13.6-7-10(a) requires the claim to be verified, to state the amount due and owing, and to give as much detail explaining the claim as possible. On local work, § 36-1-12-13.1(c) requires signed duplicate statements of the amount due. Include the project name and public owner, your customer, the work or material furnished, the dates of first and last furnishing, invoices, and payments received. File two signed originals with a local board so it has one to forward to the surety.