Indiana Pre-Lien Notice & Mechanic's Lien — Ind. Code § 32-28-3-1 / § 32-28-3-3 / § 32-28-3-6 Filing Guide (2026)
What Is the Indiana Mechanic's Lien Framework and How Does the Lien Workflow Operate?
Indiana's mechanic's lien framework is Indiana Code Article 32-28-3. The workflow runs in four steps: (1) the threshold residential pre-lien notice under § 32-28-3-1 — required of subcontractors and suppliers not in privity with the owner on owner-occupied single- or double-family dwellings; (2) recording the § 32-28-3-3 Notice of Intention to Hold a Mechanic's Lien with the county recorder within 60 days (Class 2 / residential) or 90 days (Class 1 / all other) of last work; (3) commencing the § 32-28-3-6 foreclosure action within one year of recording — or within 30 days of an owner's § 32-28-3-10 Notice of Demand to Commence Suit; and (4) determining priority, which in Indiana runs from each lien's recording date and shares equal footing among all mechanic's lien claimants under § 32-28-3-5. Indiana is distinctive in four respects — the residential pre-lien notice (a condition precedent on owner-occupied dwellings), the Class 1 / Class 2 recording split (60 vs 90 days), the recorded no-lien contract that bars subcontractor and supplier liens on Class 2 and power-generation property, and the accelerated 30-day enforcement demand under § 32-28-3-10.
Who Must Give an Indiana Pre-Lien Notice — § 32-28-3-1
The § 32-28-3-1 pre-lien notice falls on a person who furnishes material, labor, or machinery on credit and is NOT in direct contract (not in privity) with the owner of an owner-occupied single- or double-family dwelling. The deadline depends on the work: for the alteration or repair of an owner-occupied single- or double-family dwelling, the notice must be furnished within thirty (30) days of first delivery or labor; for original construction of a single- or double-family dwelling, within sixty (60) days of first delivery or labor, furnished to the owner and recorded with the county recorder. A general contractor in direct contract with the owner does not give the residential pre-lien notice, and the notice does not apply to Class 1 structures (commercial, industrial, multifamily over two units, and public) — so a subcontractor or supplier on a commercial project proceeds directly to the § 32-28-3-3 recording. Furnishing the § 32-28-3-1 notice is a condition precedent to acquiring a lien.
Why the § 32-28-3-1 Pre-Lien Notice Is a Condition Precedent — Not a Formality
Many states treat a residential disclosure notice as a consumer-protection nicety. Indiana does not. Section 32-28-3-1 makes furnishing the notice a condition precedent to the right of acquiring a lien on owner-occupied single- or double-family dwelling work. If a non-privity subcontractor or supplier never gave the notice within the 30-day (alterations/repairs) or 60-day (original construction) window, the lien does not exist — the defect cannot be cured after the fact, and the claimant is left to breach-of-contract remedies against the party that hired it. The safe practice is to identify every owner-occupied single- or double-family dwelling project at intake and serve the § 32-28-3-1 notice on the owner immediately, dated from the first delivery or labor, recording the notice with the county recorder on original construction. A claimant should also consider the separate § 32-28-3-9 personal-liability notice, which holds the owner personally liable up to the amount the owner still owes the contractor.
§ 32-28-3-3: The 60-Day / 90-Day Recording Window and the § 32-28-3-6 One-Year Enforcement Deadline
After any required notice, the lien is perfected by recording. Under § 32-28-3-3, the Notice of Intention to Hold a Mechanic's Lien — stating the amount claimed, the claimant's name and address, the owner's name and address from the latest property tax records, and a legal description and street address — must be recorded with the recorder of the county where the property is located within 60 days after last work for a Class 2 structure (a residential one- or two-family dwelling) and within 90 days for a Class 1 structure (commercial, industrial, multifamily over two units, and public property). An action to foreclose must be commenced within one (1) year after recording under § 32-28-3-6, in the Indiana circuit or superior court of the county where the property lies, or the lien is void. Under § 32-28-3-10, an owner can serve a Notice of Demand to Commence Suit that compresses the one-year deadline to just 30 days. Indiana has 92 counties; the largest markets are Marion (Indianapolis), Lake (Gary / Hammond / Merrillville), Allen (Fort Wayne), Hamilton (Carmel / Fishers / Noblesville), St. Joseph (South Bend), Vanderburgh (Evansville), Tippecanoe (Lafayette), Monroe (Bloomington), Elkhart, Porter, Hendricks, Johnson, Vigo (Terre Haute), Delaware (Muncie), and Madison (Anderson).
The Indiana No-Lien Contract — A Trap for Subcontractors
Indiana is one of the few states that enforces a recorded no-lien contract. Under § 32-28-3-1, for a Class 2 structure (a one- or two-family dwelling), for property associated with power generation, and for property prepared for Class 2 residential construction, the owner and the principal (general) contractor may execute a written contract provision stating that no lien shall attach. To be effective against subcontractors and suppliers, the no-lien provision must be in writing, contain a legal description, be acknowledged as a deed is acknowledged, and be recorded with the county recorder not more than five (5) days after the contract is executed. A properly recorded no-lien contract bars subcontractors and suppliers from acquiring mechanic's liens on the covered property. A lower-tier claimant can perform an entire job, give a perfect § 32-28-3-1 pre-lien notice, and still have no lien if a no-lien contract was recorded. The no-lien contract is not available on most commercial or larger residential (Class 1) projects, and a provision not recorded within the five-day window is ineffective.
Indiana Priority: No Relation Back to Commencement
Indiana mechanic's liens do NOT relate back to the commencement of the work. Priority runs from the recording date of each Notice of Intention to Hold a Mechanic's Lien, and all mechanic's lien claimants on the same project share equal (pro rata) footing among themselves under § 32-28-3-5 — if the property sells for less than the total of the liens, the claimants share the proceeds proportionally rather than in order of recording. A mortgage or other encumbrance recorded before the mechanic's lien generally retains priority over the lien. A contractor that assumes an early start date protects its priority against a construction lender — as it would in Missouri or Minnesota — is mistaken in Indiana. The way to protect priority in Indiana is to record the lien promptly within the 60-day (Class 2) or 90-day (Class 1) window, not to rely on when work began.
Filing Fees and Where to File
The § 32-28-3-3 Notice of Intention to Hold a Mechanic's Lien is recorded with the recorder of the county where the property is located. Indiana county recorder lien-recording fees are generally a flat per-document charge in the $25 range, and serving the § 32-28-3-1 pre-lien notice and the § 32-28-3-9 personal-liability notice by certified mail typically runs under $15 per party. Indiana civil filing fees to commence a lien-foreclosure action in the circuit or superior court run roughly $150–$200, with additional costs for service of process and recording a notice of lis pendens. Recording in the wrong county, or recording the lien without first giving the residential pre-lien notice required by § 32-28-3-1, is a common Indiana error that can invalidate the lien.
Frequently Asked Questions
What is the Indiana pre-lien notice under Ind. Code § 32-28-3-1?
The Indiana pre-lien notice is a written notice that a subcontractor, material supplier, or other person who furnishes material, labor, or machinery on credit and is NOT in direct contract with the owner must give the occupying owner of an owner-occupied single- or double-family dwelling under Ind. Code § 32-28-3-1. The deadline depends on the type of work: for the alteration or repair of an owner-occupied single- or double-family dwelling, the notice must be furnished within thirty (30) days after the date of first delivery or labor; for the original construction of a single- or double-family dwelling, the notice must be furnished within sixty (60) days after first delivery or labor, and for original construction it must be both furnished to the owner and recorded in the county recorder's office. Furnishing the § 32-28-3-1 notice is a condition precedent to the right of acquiring a mechanic's lien — a non-privity claimant on owner-occupied residential work who fails to give the notice on time has no lien.
Does an Indiana general contractor or a commercial subcontractor need to give the pre-lien notice?
Generally no. The Ind. Code § 32-28-3-1 pre-lien notice applies to a person who is NOT in direct contract (not in privity) with the owner and who furnishes material, labor, or machinery on credit for an owner-occupied single- or double-family dwelling. A general contractor or other party in a direct contractual relationship with the owner does not give the residential pre-lien notice. The notice also does not apply to Class 1 structures — commercial, industrial, multifamily of more than two units, and public property — so a subcontractor or supplier on a commercial project proceeds directly to the § 32-28-3-3 Notice of Intention to Hold a Mechanic's Lien (recorded within 90 days). A subcontractor or supplier may also serve the separate § 32-28-3-9 personal-liability notice on any owner to make the owner personally liable up to the amount still owed to the contractor.
What is the deadline to file an Indiana mechanic's lien?
Under Ind. Code § 32-28-3-3, a Notice of Intention to Hold a Mechanic's Lien must be recorded with the recorder of the county where the property is located within sixty (60) days after the last labor or material was furnished for a Class 2 structure (a residential one- or two-family dwelling) and within ninety (90) days for a Class 1 structure (all other property — commercial, industrial, multifamily over two units, and public). The clock runs from the date of last work or last delivery, not from when payment became due. The recorded notice must state the amount claimed, the name and address of the claimant, the name and address of the owner as shown in the latest property tax records, and a legal description and street address. The residential pre-lien notice under § 32-28-3-1 (30 days for alterations/repairs; 60 days for original construction) is a separate, earlier precondition.
Where do you file an Indiana mechanic's lien, and what does it cost?
An Indiana mechanic's lien — the Ind. Code § 32-28-3-3 Notice of Intention to Hold a Mechanic's Lien — is recorded with the recorder of the county where the improved property is located. Indiana has 92 counties; the largest construction markets are Marion (Indianapolis), Lake (Gary / Hammond / Merrillville), Allen (Fort Wayne), Hamilton (Carmel / Fishers / Noblesville), St. Joseph (South Bend), Vanderburgh (Evansville), Tippecanoe (Lafayette), Monroe (Bloomington), Elkhart, Porter, Hendricks, Johnson, Vigo (Terre Haute), Delaware (Muncie), and Madison (Anderson). County recorder lien-recording fees are generally a flat per-document charge in the $25 range. Recording in the wrong county, or recording the lien without first giving the residential pre-lien notice required by § 32-28-3-1, is a common Indiana error that can invalidate the lien.
How long does an Indiana mechanic's lien last and when must suit be filed?
Under Ind. Code § 32-28-3-6, an action to foreclose an Indiana mechanic's lien must be commenced within one (1) year after the Notice of Intention to Hold a Mechanic's Lien is recorded, or the lien is void. The one-year clock runs from the recording date, not from last work. In addition, under Ind. Code § 32-28-3-10 an owner, mortgagee, or other person with an interest in the property may serve the lienholder with a written Notice of Demand to Commence Suit (a Notice to Foreclose); once served, the lienholder must file the foreclosure action within thirty (30) days or the lien is void. The accelerated 30-day deadline is a powerful owner tool. The foreclosure action is brought in the Indiana circuit or superior court of the county where the property is located.
What is an Indiana no-lien contract under § 32-28-3-1?
Indiana is one of the few states that allows an enforceable no-lien contract. Under Ind. Code § 32-28-3-1, for a Class 2 structure (a one- or two-family dwelling), for property associated with power generation, and for property prepared for Class 2 residential construction, the owner and the principal (general) contractor may execute a written contract provision stating that no lien shall attach. To be effective against subcontractors and suppliers, the no-lien provision must be in writing, contain a legal description, be acknowledged as a deed is acknowledged, and be recorded with the county recorder not more than five (5) days after the date the contract is executed. A properly recorded no-lien contract bars subcontractors and suppliers from acquiring mechanic's liens on the covered property. The no-lien contract is NOT available on most commercial or larger residential (Class 1) projects. Subcontractors should always check the county recorder for a recorded no-lien contract before relying on lien rights on covered residential or power-generation work.
How does Indiana handle public works and federal projects?
No mechanic's lien attaches to public property in Indiana. On Indiana state public works, an unpaid subcontractor or supplier pursues a claim against the prime contractor's payment bond required under Ind. Code § 5-16-5; on local public works (county, municipal, and school projects), the bond is required under Ind. Code § 36-1-12. On federal projects the federal Miller Act at 40 U.S.C. § 3131 et seq. preempts state lien rights — pursue the prime contractor's federal Miller Act payment bond on its own 90-day notice and one-year claim timing. Indiana's federal construction includes Naval Surface Warfare Center Crane (NSWC Crane), Grissom Air Reserve Base, Camp Atterbury and the Muscatatuck Urban Training Center, the United States Penitentiary at Terre Haute, the Richard L. Roudebush VA Medical Center in Indianapolis and the VA Northern Indiana Health Care campuses in Fort Wayne and Marion, Indiana Dunes National Park, and the U.S. Army Corps of Engineers locks and dams on the Ohio River. Indiana's public prompt-payment interest remedies (Ind. Code § 5-17-5 and § 36-1-12-14) run in parallel.