Who the deadlines apply to
Indiana's lien filing and suit rules in Ind. Code ch. 32-28-3 each name all five roles: direct contractors, subcontractors, sub-subcontractors, suppliers and laborers, on any project type [1]. The two notice rules name four of them: subcontractors, sub-subcontractors, suppliers and laborers [1].
Each notice rule is written for a person that sells or furnishes material, labor or machinery on credit to someone other than the owner [1].
How the periods run
Notices to the owner. For the alteration or repair of an owner occupied single or double family dwelling or its appurtenances or additions, where the material, labor or machinery is sold or furnished on credit to a contractor, subcontractor or mechanic, or to anyone other than the occupying owner or the owner's legal representative, the notice period is 30 days after first furnishing [1]. For the original construction of a single or double family dwelling for the intended occupancy of the owner on whose real estate it is built, where the material, labor or machinery is sold or furnished on credit to a contractor, subcontractor, mechanic or anyone other than the owner or the owner's legal representatives, the period is 60 days after first furnishing [1]. The statute makes each notice a condition precedent to acquiring a lien [1].
The lien statement. The lien itself is a sworn statement and notice of intention to hold a lien, filed in the county recorder's office [1]. Except for labor, materials or machinery related to a Class 2 structure, or to an improvement on the same real estate auxiliary to a Class 2 structure, the period is 90 days after the claimant performed labor or furnished materials or machinery [1]. For labor, materials or machinery related to a Class 2 structure, or to such an auxiliary improvement, it is 60 days after the claimant performed labor or furnished materials or machinery [1].
Suit. A lien is enforced by filing a complaint. The default period, 1 year after the statement and notice of intention to hold a lien is recorded [1], runs from the recording. Except as subsection (c) provides for a credit, a lien not enforced in that time is void [1].
Two more rules start from events the calculator does not take as inputs, so it counts no date for them.
- A credit. If a credit is given whose terms are in writing, that was executed by the lienholder and all owners of record, and that was recorded in the same manner as the original statement and notice of intention to hold a lien not later than one year after that statement and notice was recorded [1], the period reads Not later than one (1) year after the expiration of the credit [1].
- A notice to foreclose. After the owner of the property, or any person or corporation having an interest in it, including a mortgagee or a lienholder, gives the owner or holder of the lien written notice to file an action to foreclose the lien, the rule reads An action to foreclose the lien filed in the county where the property is located not later than thirty (30) days after the lienholder receives the notice [1]. If no action is filed in that time, the lien is void, though the claim may still be collected as other claims are collected by law [1].
How residential work is treated
Section 32-28-3-1(j) adds one rule about dwellings. A lien for material or labor in original construction does not attach to a single or double family dwelling bought for the buyer's own occupancy by an innocent purchaser for value without notice, unless the notice of intention to hold the lien was recorded before the deed that gives the buyer title [1].
What changed recently
Section 32-28-3-1 was last amended by P.L.81-2020, section 32-28-3-3 by P.L.146-2008, section 32-28-3-6 by P.L.45-2016 and section 32-28-3-10 by P.L.196-2019 [1].