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Indiana’s mechanic’s lien statute (IC § 32-28-3) gives contractors, subcontractors, laborers, and material suppliers a powerful tool for securing payment: the right to place a lien on the real property where they performed work or furnished materials. A mechanic’s lien attaches to the property itself, not to the property owner personally, and can be enforced through foreclosure—meaning the property can be sold to satisfy the debt. For contractors, a properly filed mechanic’s lien is often the most effective collection tool available. For property owners, understanding how liens work is essential to protecting your property from claims you may not have authorized.
Who Can File a Mechanic’s Lien in Indiana
Under IC § 32-28-3-1, any person who performs labor or furnishes materials for the construction, alteration, or repair of any building, structure, or improvement on real property in Indiana may file a mechanic’s lien. This includes general contractors, subcontractors, laborers, architects, engineers, and material suppliers. The work or materials must have been provided under a contract (express or implied) with the property owner or the owner’s authorized agent. A subcontractor who contracts only with the general contractor—not with the property owner—can still file a lien on the property, which is why property owners must pay careful attention to who is working on their project.
Filing Deadlines Are Strict and Non-Negotiable
Indiana imposes a 60-day deadline for recording a mechanic’s lien notice with the county recorder’s office. The 60-day period begins on the date the lienor last performed labor or furnished materials on the project. Missing this deadline by even one day forfeits the lien right entirely—there is no equitable exception or grace period. The lien notice must be filed in the county where the property is located.
The notice must include: a description of the property sufficient to identify it (legal description or street address), the amount claimed, the name of the property owner, the name of the person who contracted for the work, and a general description of the labor performed or materials furnished. Indiana does not require the lien notice to be served on the property owner at the time of filing, but best practice—and tactical advantage—strongly favors sending a copy to the owner immediately after recording.
Enforcing the Lien: The One-Year Foreclosure Deadline
Filing the lien is only the first step. To enforce it, the lienor must file a foreclosure action in the circuit or superior court of the county where the property is located within one year of the date the lien was recorded. IC § 32-28-3-6 is explicit: if the foreclosure action is not filed within one year, the lien expires and cannot be revived. This deadline runs from the recording date, not from the date of last work—a distinction that matters because there is already a 60-day gap between last work and recording.
The foreclosure action is a lawsuit. The court will determine whether the lien is valid, the amount owed, and whether the property should be sold to satisfy the debt. In practice, most mechanic’s lien disputes settle before foreclosure because the lien itself creates significant leverage: a property with an active lien cannot be sold or refinanced with clean title until the lien is resolved.
Defending Against a Mechanic’s Lien as a Property Owner
If a mechanic’s lien is filed against your property, you have several potential defenses:
The lien was filed late. If the lien notice was recorded more than 60 days after the lienor’s last work on the project, the lien is invalid.
No contract existed. If the lienor did not have a contract—express or implied—with the property owner or the owner’s authorized agent, the lien may be invalid. This is a common defense when a subcontractor files a lien but only had a contract with the general contractor.
The work was defective. If the work performed was materially defective or incomplete, the property owner can challenge the amount claimed or the validity of the lien. The owner may also have a counterclaim for damages.
Payment was already made. If the property owner paid the general contractor in full and the general contractor failed to pay the subcontractor, the owner may have a defense—but this defense is not absolute. Indiana law allows subcontractor liens even when the owner has paid the general contractor, which is why many property owners require lien waivers from subcontractors as a condition of payment to the general contractor.
Protecting Yourself: Best Practices
For Contractors
Track your last date of work on every project. Calendar the 60-day filing deadline and the one-year enforcement deadline. File promptly—waiting until day 59 is unnecessary risk. Maintain detailed records of all labor performed and materials furnished, including dates, descriptions, and amounts. These records are your evidence if the lien is challenged.
For Property Owners
Know who is working on your property. Require your general contractor to identify all subcontractors and suppliers. Request lien waivers from subcontractors before making progress payments to the general contractor. If you receive a notice of intent to file a lien—or a lien is filed—do not ignore it. Consult an attorney to evaluate the validity of the claim and your options for resolution.
Frequently Asked Questions
Can a homeowner file a mechanic’s lien?
No. Mechanic’s liens are available to contractors, subcontractors, laborers, and material suppliers—not to property owners. If you are a property owner with a dispute against a contractor, your remedies include breach of contract claims, warranty claims, and potentially claims under Indiana’s Home Improvement Contract Act (IC § 24-5-11).
Does a mechanic’s lien affect the property’s title?
Yes. A recorded mechanic’s lien appears on the property’s title and will be discovered by any title search. Most title companies will not insure a property with an outstanding mechanic’s lien, which effectively prevents the property from being sold or refinanced until the lien is resolved. This is the primary leverage a lien provides.
Can I file a mechanic’s lien for work done on a government-owned property?
No. Government-owned properties are generally exempt from mechanic’s liens in Indiana. Contractors and suppliers who work on public projects are instead protected by payment bond requirements under Indiana’s public works statutes.
Resolve Lien Issues Before They Escalate
Whether you need to file a mechanic’s lien to secure payment or defend against one filed on your property, the statutory deadlines are unforgiving and the procedures are technical. Getting legal counsel involved early—before a deadline passes or a defective filing is made—is the most cost-effective approach.