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To file a lien, the claimant must provide a sworn statement and notice of intent to hold a lien on the property to the recorder's office in the county where the property is located. Within 60 days (90 days for non-residential projects) from the date that services and labor were provided, the lien must be filed.

State law prohibits the waiver of the right to file a lien prior to payment for the labor. Contracts requiring a party to waive their claims under a payment bond are prohibited. Indiana has no requirement that a lien waiver must be notarized.

Once you've sent a preliminary notice (if necessary), the next step is to move forward with filing your mechanic's lien. The deadline to file in Indiana is 60 days on residential projects and 90 days on non-residential projects, calculated from the last day you provided either materials or labor for the project.

Indiana statute restricts lien waivers. Indiana specifically prohibits agreements that purport to limit or waive the right to file a notice of intent to lien or mechanics lien or bond claim prior to payment for the labor or materials furnished.

Indiana mechanics lien law requires parties who do not have a direct contract with the owner to provide preliminary notice. Sending this notice is required in order to preserve their lien rights. The notice required is called a Preliminary Notice to Owner of Mechanic's Lien Rights.

32-28-3-16 Waiver of right to a lien voiding contract before the person is paid for the labor or materials furnished. (c) A provision in a contract for the improvement of real estate in Indiana under which one (1) or more persons agree not to file a notice of intention to hold a lien is void.