• Indiana is a FULL PRICE BALANCE lien state
• Private – Retainage: Subcontractors, materialmen and laborers may serve Retainage Liens (Personal liability notices) to owners at any time and are allowable on all monies due or that may become due to the general contractor by the owner. Serving the notice makes the owner personally liable for all amounts paid to the general contractor after the date of the notice. [32-28-3-9].
• Additional protection may be available under Indiana's Personal Liability Notice Statute.
• Suppliers to Suppliers – lien rights are not available.

Notice Speed Bumps

• In addition to serving the 60 day notice to owner on new residential construction projects, file a copy of the written notice in the recorder's office of the county not later than 60 days after the date of the first delivery or labor performed.
• The notice of the lien must be mailed to the owner within 3 business days after recordation

Mechanic’s Lien Speed Bumps

• The time frame for filing a mechanics’ lien claim in Indiana depends on the type of project. For Type 1 residential projects, the deadline is sixty (60) days from the date of last work performed or materials furnished. For Type 2 public utilities and Type 3 commercial and industrial projects, the deadline is ninety (90) days from the date of last work performed or materials furnished.
• A duplicate copy of the notice of intention to hold a mechanic's lien is forwarded to each owner by the county Recorder
• The lien extends to and includes leasehold interest and mortgaged lands.

Foreclosure Speed Bumps

• Indiana lien law is generous on the costs or damages recoverable on a lien claim. Interest typically is allowed. Attorney fees are mandatory if there is a judgment in any amount recovered on the lien.

• Public project time requirements for suit may be extended to 1 year for state projects (Title 4) and to 18 months on highway projects (Title 8).
• Public - Retainage: To receive payment from the retainage held by the public entity, file a Verified Statement of Claim with the governing body within 60 days of last labor furnishing [36-1-12-12].
• The Public Entity shall hold the bond of a contractor for the use and benefit of any claimant having an interest in it and entitled to its benefits.
• Unless the bond provides a greater period of time, all suits must be brought against a surety on a bond within one (1) year after final settlement with the contractor.