Indiana Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Indiana liens are filed and enforced
A Indiana mechanics lien is filed with the County Recorder in the county where the project sits — 60 days (res) / 90 (comm) from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Indiana claimants lose rights far more often by missing the second one than the first.
Indiana deadlines by claimant role
For general contractors: Record the lien — 90 days from last furnishing (Ind. Code § 32-28-3-3). For subcontractors and suppliers: Record the lien — 90 days from last furnishing (Ind. Code § 32-28-3-3); Record the lien — 60 days from last furnishing (Ind. Code § 32-28-3-3); file suit — 1 years from lien recorded (Ind. Code § 32-28-3-10); bond notice — 60 days from last furnishing (Ind. Code §§ 36-1-12-13.1(c), 4-13.6-7-10); file suit — 60 days from completion and acceptance (Ind. Code § 36-1-12-13.1(d)); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Indiana
File mechanic's lien within 90 days of last furnishing of labor or materials on commercial projects. File mechanic's lien within 90 days of last furnishing on commercial projects; 60 days for single-family residential. RESIDENTIAL: File mechanic's lien within 60 days of last furnishing on single-family residential projects. File suit to enforce lien within 1 year of recording. Lien expires after 1 year without enforcement. Local public works (IC 36-1-12-13.1(c)): not later than 60 days after the claimant completed its labor/service or furnished its last material, file SIGNED DUPLICATE STATEMENTS of the amount due WITH THE BOARD and deliver a copy to the contractor; the board forwards one to the surety, and its failure to do so is no defense. State public works (IC 4-13.6-7-10(a)-(b)): VERIFIED CLAIM filed with the IDOA Public Works Division + copy to the contractor within the same 60 days; to proceed on the bond the claimant must ALSO send a copy to the surety and tell the division and contractor it did. The same filing is the claim on retained funds (IC 36-1-12-12(b); IC 4-13.6-7-9). Payment bond in the contract price required over $200,000 (36-1-12-13.1(a); 4-13.6-7-6(a)). INDOT highway contracts run on a different scheme: statement to the SURETIES within 1 year after the commissioner accepts the work (IC 8-23-9-10), plus an optional contract-proceeds claim with INDOT within 60 days of last furnishing and 30 days of final acceptance (IC 8-23-9-26). Local public works: no action against the surety until 30 days after the statement is filed with the board and delivered to the contractor, and the action must be brought NOT LATER THAN 60 DAYS AFTER THE DATE OF FINAL COMPLETION AND ACCEPTANCE of the public work (36-1-12-13.1(d)). State public works: 30-day wait (4-13.6-7-10(c)); that section states no outer suit limit. INDOT: no suit until 60 days after the statement to the sureties; suit within 18 months of final acceptance (8-23-9-11). Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year.
How Indiana notices must be served
Indiana requires none (comm) — Res: pre-lien notice. Accepted delivery for the notices tracked here: Local: signed duplicate statements filed with the board. State: verified claim filed with the division. Copy delivered to the contractor (certified mail recommended for proof).; Certified Mail, Return Receipt Requested. Service runs to the FILED with the public body (local: the board; state: IDOA Public Works Division) + copy delivered to the contractor; state work also a copy to the surety. Keep the proof of service in the project file — Indiana disputes over whether a notice was properly served are decided on that documentation.
Public projects in Indiana
No lien attaches to public property in Indiana. On private residential and public state local and public federal work the remedy is a payment bond claim instead — Record the lien within 60 days of last furnishing, served on the County Recorder (Ind. Code § 32-28-3-3). 5 public-project deadlines are tracked for Indiana.
Indiana statute citations
The Indiana deadlines above come from Ind. Code § 32-28-3-3, Ind. Code § 32-28-3-10, Ind. Code §§ 36-1-12-13.1(c), 4-13.6-7-10, Ind. Code § 36-1-12-13.1(d), 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), Ind. Code § 5-17-5-3, Ind. Code § 5-17-5-3.5. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Indiana construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Indiana?
60 days (res) / 90 (comm) — From last date of furnishing. The filing goes to the County Recorder in the project's county. See Ind. Code § 32-28-3-3. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Indiana?
With the County Recorder in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Indiana require a preliminary notice?
Yes — None (comm). Res: pre-lien notice. Accepted service includes Local: signed duplicate statements filed with the board. State: verified claim filed with the division. Copy delivered to the contractor (certified mail recommended for proof)..
How long do you have to enforce a Indiana mechanics lien?
1 year — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Indiana?
Retainage released within 60 days of substantial completion. 10% maximum retainage on public contracts. (Ind. Code § 5-17-5-3.5).