Indiana Lien Waiver Rules
- Private Jobs
- Top LInks
No Specific Form
Indiana does not require any specific or statutory lien waiver form to be used in order to be effective. Any form may be used.
Notarization Not Required
Indiana lien waivers are not required to be notarized, and notarization just slows down the process.
Cannot Waive Rights in Contract
Indiana state law specifically prohibits the waiver of the right to file a mechanics lien prior to payment for the labor and/or materials furnished, so provided payment has not yet occurred, lien rights may not be waived in the contract.
Cannot Waive Rights Before Payment
Indiana state law specifically prohibits the waiver of the right to file a mechanics lien prior to payment for the labor and/or materials furnished.
Indiana lien waivers are mostly unregulated, at least in terms of the form or specific language necessary to make the waiver effective. However, there are rules related to when a lien waiver can be given and be effective.
Indiana does not provide lien waiver form templates in its statutes, and doesn’t otherwise provide much guidance on how a lien waiver should be drafted. Participants on an Indiana construction project, therefore, have quite a bit of freedom to choose the exact format and language of lien waivers.
There are limitations related to when lien waivers can be requested and provided, however. Indiana state law specifically prohibits the waiver of the right to file a mechanics lien prior to payment for the labor and/or materials furnished. This provides protection to potential lien claimants so that lien rights are not waived when payment is not forthcoming.
In Indiana, like everywhere else, construction participants should pay careful attention to lien waivers – even though there is protection from waiving lien rights in advance of payment. Despite that protection, since the text of lien waivers is not regulated in Indiana, the document can end up waiving other rights that are not protected. The resources, forms, guides, and frequently asked questions about Indiana Lien Waivers on this page will help you get it right.
