Construction Liens in Indiana

Overview

Sources

Ind. Code §§ 32-28-3-1 et seq.

Authorized Claimants

A contractor, a subcontractor, a mechanic, (etc.) or any other person performing labor or furnishing materials or machinery, including the leasing of equipment or tools, for (1) the erection, alteration, repair, or removal of (A) a house, mill, manufactory, or other building; or (B) a bridge, reservoir, system of waterworks, or other structure (2) the construction, alteration, repair, or removal of a walk or sidewalk located on the land or bordering the land, a stile, a well, a drain, a drainage ditch, a sewer, or a cistern; or (3) any other earth moving operation; may have a lien as set forth in this section. (IC 32-28-3-1(a))

Lien Priority

When the statement and notice of intention to hold a lien is recorded, the lien is created. The recorded lien relates back to the date the mechanic or other person began to perform the labor or furnish the materials or machinery. Except as provided in subsections (c) and (d), a lien created under this chapter has priority over a lien created after it. (IC 32-28-3-5(b))

Notices and Registries

Filing Deadlines

a person who wishes to acquire a lien upon property, whether the claim is due or not, must file in duplicate a sworn statement and notice of the person's intention to hold a lien upon the property for the amount of the claim (1) in the recorder's office of the county; and (2) not later than ninety (90) days (sixty (60) days for multi-family dwellings) after performing labor or furnishing materials or machinery... The statement and notice of intention to hold a lien may be verified and filed on behalf of a client by an attorney registered with the clerk of the supreme court as an attorney in good standing under the requirements of the supreme court. (IC 32-28-3-3(a))

Enforcement Deadlines

A person may enforce a lien by filing a complaint in the circuit or superior court of the county where the real estate or property that is the subject of the lien is situated. The complaint must be filed not later than one (1) year after (1) the date the statement and notice of intention to hold a lien was recorded (IC 32-28-3-6(a))