Indiana does not require any specific or statutory lien waiver form to be used in order to be effective. Any form may be used.
Indiana lien waivers are not required to be notarized, and notarization just slows down the process.
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.
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 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.
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.
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.
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.
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.
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.
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.
No, Indiana does not provide or require statutory forms for lien waivers.
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.
There is no statutory provisions or case law that prohibit unconditional lien waivers as long as they are not advance lien waivers.
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.
No. There is no requirement that a lien waiver in Indiana must be notarized.
I am waiting on retainage that is approx 90 days past due, the GC says they haven’t been paid retainage from the client.
I am a real estate investor. I have an investment property that my GC is doing the work on. I am confused by the language.
How do we know if a lien waiver is conditional or unconditional? I have a waiver that says the following that a customer insists we.
Need to file a Indiana mechanics lien? File your mechanics lien with Levelset, the lien experts quickly and easily. Or you can follow the 3 steps below to file a lien yourself with Levelset's free information.
