Indiana Lien Waivers Guide and FAQs

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Indiana Lien Waiver FAQs

Indiana Lien Waivers Overview

Indiana Lien Waiver Rules


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lien waivers not regulated
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.


lien waivers do not need to be notarized
Notarization Not Required

Indiana lien waivers are not required to be notarized, and notarization just slows down the process.


icon-can't waive lien rights
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.


icon-can't waive lien rights
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.

Indiana Lien Waivers FAQs

Indiana's lien waiver rules and requirements can be difficult to understand. This can create some difficult situations for construction participants in Indiana, who have to navigate providing waivers in order to get paid as quickly as possible, but without giving up more than they bargained for. We have answers to some of the most common questions about Indiana's lien waiver rules below.

Indiana Lien Waiver FAQs

Does Indiana require a specific statutory lien waiver form?

No, Indiana does not provide or require statutory forms for lien waivers.

What are the requirements for an Indiana lien waiver? What makes a lien waiver binding?

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.

Are Unconditional Lien Waivers Prohibited in Indiana?

There is no statutory provisions or case law that prohibit unconditional lien waivers as long as they are not advance lien waivers.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Indiana?

Yes, state law specifically prohibits the waiver of the right to file a mechanics lien prior to payment for the labor and/or materials furnished.  Any contract provision requiring a party to waive its claims under a payment bond are prohibited, but pay-if-paid clauses are valid if strictly and specifically written.

Must Indiana lien waivers be notarized?

No. There is no requirement that a lien waiver in Indiana must be notarized.

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Recent Questions & Answers
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Does my final signed unconditional lien waiver protect me from a lien?

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Free Indiana Lien Waivers Forms & Templates

Indiana doesn’t really regulate the language on lien waivers. This means that you need to be sure about what your lien waiver says before providing it to another party since it’s easy to end up waiving more than you bargained for. Using these forms provided by Levelset is safe, easy, stress-free, and fair for everyone involved. When used correctly, these forms don’t waive more than intended, are fair, and can’t be used against the singing party.

When used correctly, the forms provided here for free by Levelset are clear and fair to all parties. You can download them free, or use our free system to send or request your Indiana lien waiver form.

Free Indiana Lien Waiver Forms

These Indiana lien waiver forms are clear, fair, and drafted by construction attorneys. Make it easy, and use forms from the source you can trust.

Indiana Final Conditional Lien Waiver Form - free from

Indiana Final Conditional Lien Waiver Form

This in final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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Indiana Final Unconditional Lien Waiver Form - free from

Indiana Final Unconditional Lien Waiver Form

This in final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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Indiana Partial Conditional Lien Waiver Form - free from

Indiana Partial Conditional Lien Waiver Form

This in partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Indiana Partial Unconditional Lien Waiver Form - free from

Indiana Partial Unconditional Lien Waiver Form

This in partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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