Ind. Code » Title 32
Indiana Code

Ind. Code § 32-28-3-1 (2026)

Mechanic's liens; persons to whom available; effect of contract provisions; credit transactions; restrictions

✓ current as of May 2026
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     Sec. 1. (a) A contractor, a subcontractor, a mechanic, a lessor leasing construction and other equipment and tools, whether or not an operator is also provided by the lessor, a journeyman, a laborer, or any other person performing labor or furnishing materials or machinery, including the leasing of equipment or tools, for:

(1) the erection, alteration, repair, or removal of:

(A) a house, mill, manufactory, or other building; or

(B) a bridge, reservoir, system of waterworks, or other structure;

(2) the construction, alteration, repair, or removal of a walk or sidewalk located on the land or bordering the land, a stile, a well, a drain, a drainage ditch, a sewer, or a cistern; or

(3) any other earth moving operation;

may have a lien as set forth in this section.

     (b) A person described in subsection (a) may have a lien separately or jointly:

(1) upon the house, mill, manufactory, or other building, bridge, reservoir, system of waterworks, or other structure, sidewalk, walk, stile, well, drain, drainage ditch, sewer, cistern, or earth:

(A) that the person erected, altered, repaired, moved, or removed; or

(B) for which the person furnished materials or machinery of any description; and

(2) on the interest of the owner of the lot or parcel of land:

(A) on which the structure or improvement stands; or

(B) with which the structure or improvement is connected;

to the extent of the value of any labor done or the material furnished, or both, including any use of the leased equipment and tools.

     (c) All claims for wages of mechanics and laborers employed in or about a shop, mill, wareroom, storeroom, manufactory or structure, bridge, reservoir, system of waterworks or other structure, sidewalk, walk, stile, well, drain, drainage ditch, cistern, or any other earth moving operation shall be a lien on all the:

(1) machinery;

(2) tools;

(3) stock;

(4) material; or

(5) finished or unfinished work;

located in or about the shop, mill, wareroom, storeroom, manufactory or other building, bridge, reservoir, system of waterworks, or other structure, sidewalk, walk, stile, well, drain, drainage ditch, sewer, cistern, or earth used in a business.

     (d) If the person, firm, limited liability company, or corporation described in subsection (a) or (c) is in failing circumstances, the claims described in this section shall be preferred debts whether a claim or notice of lien has been filed.

     (e) Subject to subsection (f), a contract:

(1) for the construction, alteration, or repair of a Class 2 structure (as defined in IC 22-12-1-5);

(2) for the construction, alteration, or repair of an improvement on the same real estate auxiliary to a Class 2 structure (as defined in IC 22-12-1-5);

(3) for the construction, alteration, or repair of property that is:

(A) owned, operated, managed, or controlled by a:

(i) public utility (as defined in IC 8-1-2-1);

(ii) municipally owned utility (as defined in IC 8-1-2-1);

(iii) joint agency (as defined in IC 8-1-2.2-2);

(iv) rural electric membership corporation formed under IC 8-1-13-4;

(v) rural communications cooperative corporation formed under IC 8-1-17; or

(vi) not-for-profit utility (as defined in IC 8-1-2-125);

regulated under IC 8; and

(B) intended to be used and useful for the production, transmission, delivery, or furnishing of heat, light, water, telecommunications services, or power to the public; or

(4) to prepare property for Class 2 residential construction;

may include a provision or stipulation in the contract of the owner and principal contractor that a lien may not attach to the real estate, building, structure or any other improvement of the owner.

     (f) A contract containing a provision or stipulation described in subsection (e) must meet the requirements of this subsection to be valid against subcontractors, mechanics, journeymen, laborers, or persons performing labor upon or furnishing materials or machinery for the property or improvement of the owner. The contract must:

(1) be in writing;

(2) contain specific reference by legal description of the real estate to be improved;

(3) be acknowledged as provided in the case of deeds; and

(4) be filed and recorded in the recorder's office of the county in which the real estate, building, structure, or other improvement is situated not more than five (5) days after the date of execution of the contract.

A contract containing a provision or stipulation described in subsection (e) does not affect a lien for labor, material, or machinery supplied before the filing of the contract with the recorder.

     (g) Upon the filing of a contract under subsection (f), the recorder shall:

(1) record the contract at length in the order of the time it was received in books provided by the recorder for that purpose;

(2) index the contract in the name of the:

(A) contractor; and

(B) owner;

in books kept for that purpose; and

(3) collect a fee for recording the contract as is provided for the recording of deeds and mortgages.

     (h) A person, firm, partnership, limited liability company, or corporation that sells or furnishes on credit any material, labor, or machinery for the alteration or repair of an owner occupied single or double family dwelling or the appurtenances or additions to the dwelling to:

(1) a contractor, subcontractor, mechanic; or

(2) anyone other than the occupying owner or the owner's legal representative;

must furnish to the occupying owner of the parcel of land where the material, labor, or machinery is delivered a written notice of the delivery or work and of the existence of lien rights not later than thirty (30) days after the date of first delivery or labor performed. The furnishing of the notice is a condition precedent to the right of acquiring a lien upon the lot or parcel of land or the improvement on the lot or parcel of land.

     (i) A person, firm, partnership, limited liability company, or corporation that sells or furnishes on credit material, labor, or machinery for the original construction of a single or double family dwelling for the intended occupancy of the owner upon whose real estate the construction takes place to a contractor, subcontractor, mechanic, or anyone other than the owner or the owner's legal representatives must:

(1) furnish the owner of the real estate:

(A) as named in the latest entry in the transfer books described in IC 6-1.1-5-4 of the county auditor; or

(B) if IC 6-1.1-5-9 applies, as named in the transfer books of the township assessor (if any) or the county assessor;

with a written notice of the delivery or labor and the existence of lien rights not later than sixty (60) days after the date of the first delivery or labor performed; and

(2) file a copy of the written notice in the recorder's office of the county not later than sixty (60) days after the date of the first delivery or labor performed.

The furnishing and filing of the notice is a condition precedent to the right of acquiring a lien upon the real estate or upon the improvement constructed on the real estate.

     (j) A lien for material or labor in original construction does not attach to real estate purchased by an innocent purchaser for value without notice of a single or double family dwelling for occupancy by the purchaser unless notice of intention to hold the lien is recorded under section 3 of this chapter before recording the deed by which the purchaser takes title.

[Pre-2002 Recodification Citation: 32-8-3-1.]

As added by P.L.2-2002, SEC.13. Amended by P.L.101-2002, SEC.5; P.L.151-2003, SEC.1; P.L.1-2006, SEC.501; P.L.1-2007, SEC.210; P.L.219-2007, SEC.101; P.L.146-2008, SEC.674; P.L.81-2020, SEC.18.

 

Notes of Decisions
Cited in 33 cases (5 in the last 5 years), 2004–2026 · leading case: Provident Bank v. Tri-Cnty. Southside Asphalt, Inc., 804 N.E.2d 161 (Ind. Ct. App. 2004).
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Provident Bank v. Tri-Cnty. Southside Asphalt, Inc., 804 N.E.2d 161 (Ind. Ct. App. 2004). · cites it 12× “Ind.Code § 32-28-3-1 (Supp.2003) provides that a contractor or other qualified person may have a lien: [U]pon the: (1) house, mill, manufactory, or other building, bridge, reservoir, system of waterworks, or other structure, sidewalk, walk, stile, well, drain, drainage ditch,…”
Mayberry Café, Inc. v. Glenmark Constr. Co., 879 N.E.2d 1162 (Ind. Ct. App. 2008). · cites it 10× “Code § 32-8-3-1, now Ind.Code § 32-28-3-1, a no-lien agreement is unenforceable if it is not timely recorded within five days of its execution.”
Country Contractors, Inc., Stephen Songer, & Jahn Songer v. A Westside Storage of Indianapolis, Inc., 4 N.E.3d 677 (Ind. Ct. App. 2014). · cites it 4× “Ind. Code § 32-28-3-1 . Its validity is not vitiated by another person’s failure to find the lien in the records.”
Clark v. Hunter, 861 N.E.2d 1202 (Ind. Ct. App. 2007). · cites it 4× “See also Ind.Code § 32-28-3-1 to -18. Hunter responds that mechanic's liens are equitable in nature and, thus, since Clark recovered on its legal claim, the trial court need not have reached the equitable remedy.”
Ponziano Constr. Servs., Inc. v. Quadri Enter., LLC, 980 N.E.2d 867 (Ind. Ct. App. 2012). · cites it 2× “The legislature has determined that, when labor or materials are provided to improve real estate, money damages, the remedy at law, are inadequate. Clark, 861 N.E.2d at 1209. Furthermore, the necessary allegations to support an action to foreclose on a mechanic’s lien include…”
A House Mechanics, Inc. v. Michael Massey, 124 N.E.3d 1257 (Ind. Ct. App. 2019). · cites it 2× “" Ind. Code § 32-28-3-1 (b). [21] Here, Massey offered two affidavits in support of his contention that the work that AHM performed on his property did not increase the value thereof.”
Farah, LLC v. Architura Corp., 952 N.E.2d 328 (Ind. Ct. App. 2011). · cites it 2× “Ind.Code § 32-28-3-1. Indiana Code Section 32-28-11-1 expressly extends the benefits of mechanic’s liens to registered architects, such as Conly at Architura.”
Quality Foods, Inc. v. Holloway Assocs. Prof'l Engineers & Land Surveyors, Inc., 852 N.E.2d 27 (Ind. Ct. App. 2006). · cites it 2× “" Further, "[a] lien created under this chapter may be secured and enforced in the same manner as mechanic's liens are secured and enforced." Ind.”
Gill v. Pollert, 810 N.E.2d 1050 (Ind. 2004). · cites it 2× “| Next, the Gills argue that they did not engage Onyx for the demolition work, but rather that Onyx was hired by Pol-lerts, and that the Gills did not provide the active consent needed to subject them to Onyx's mechanics lien.”
Goodrich Quality Theaters, Inc., & Roncelli, Inc. v. Fostcorp Heating & Cooling, Inc., Wilson Iron Works, Inc., & Johnson Carpet, Inc., 39 N.E.3d 660 (Ind. 2015). · cites it 4× “After Fostcorp, Wilson, and Johnson failed to receive full payment for their services, all three timely filed mechanic’s liens against the IMAX property pursuant to Indiana Code § 32-28-3-1. The three subcontractors then sued Ron-celli and Goodrich to foreclose on their…”
Feitler v. Springfield Enter., Inc., 978 N.E.2d 1160 (Ind. Ct. App. 2012). · cites it 10× “Indiana Code section 32-28-3-1 provides, in part, that “a contractor .”
Cho v. Purdue Rsch. Found., 803 N.E.2d 1161 (Ind. Ct. App. 2004). · cites it 2× “Specifically, Indiana Code section 32-28-3-1, states, in pertinent part: See.”
Show all 33 citing cases →
Ind. Code § 32-28-3-1(a): 2 cases
Feitler v. Springfield Enter., Inc., 978 N.E.2d 1160 (Ind. Ct. App. 2012). “Indiana Code section 32-28-3-1 provides, in part, that “a contractor .”
Edgerock Dev., LLC v. C.H. Garmong & Son Inc, 261 N.E.3d 192 (Ind. 2025).
Ind. Code § 32-28-3-1(a)(1)(A): 2 cases
Edgerock Dev., LLC v. C.H. Garmong & Son Inc, 261 N.E.3d 192 (Ind. 2025).
SRS Distrib. Inc v. Edward Rose Dev. Co. LLC, et al., No. 2:25-cv-00169 (N.D. Ind. Dec. 29, 2025).
Ind. Code § 32-28-3-1(b): 3 cases
Provident Bank v. Tri-Cnty. Southside Asphalt, Inc., 804 N.E.2d 161 (Ind. Ct. App. 2004). “Ind.Code § 32-28-3-1 (Supp.2003) provides that a contractor or other qualified person may have a lien: [U]pon the: (1) house, mill, manufactory, or other building, bridge, reservoir, system of waterworks, or other structure, sidewalk, walk, stile, well, drain, drainage ditch,…”
Country Contractors, Inc., Stephen Songer, & Jahn Songer v. A Westside Storage of Indianapolis, Inc., 4 N.E.3d 677 (Ind. Ct. App. 2014). “Ind. Code § 32-28-3-1 . Its validity is not vitiated by another person’s failure to find the lien in the records.”
Edgerock Dev., LLC v. C.H. Garmong & Son Inc, 261 N.E.3d 192 (Ind. 2025).
Ind. Code § 32-28-3-1(b)(1): 4 cases
Wells Fargo Bank, N.A. v. Rieth-Riley Constr. Co., 38 N.E.3d 666 (Ind. Ct. App. 2015).
SRS Distrib. Inc v. Edward Rose Dev. Co. LLC, et al., No. 2:25-cv-00169 (N.D. Ind. Dec. 29, 2025).
Edgerock Dev., LLC v. C.H. Garmong & Son Inc, 261 N.E.3d 192 (Ind. 2025).
Wells Fargo Bank, N.A. v. Rieth-Riley Constr. Co., Inc. Woodmar Hammond, LLC The Bon-Ton Dep't Stores, Inc. Build Tech, Inc. Ziese & Sons Excavating, Inc., No. 45A03-1410-PL-381 (Ind. Ct. App. June 26, 2015).
Ind. Code § 32-28-3-1(b)(1)(B): 1 case
SRS Distrib. Inc v. Edward Rose Dev. Co. LLC, et al., No. 2:25-cv-00169 (N.D. Ind. Dec. 29, 2025).
Ind. Code § 32-28-3-1(b)(2): 1 case
Edgerock Dev., LLC v. C. H. Garmong & Son Inc, 227 N.E.3d 907 (Ind. Ct. App. 2024).
Ind. Code § 32-28-3-1(b)(2)(A): 1 case
Edgerock Dev., LLC v. C.H. Garmong & Son Inc, 261 N.E.3d 192 (Ind. 2025).
Ind. Code § 32-28-3-1(b)(2)(B): 1 case
Edgerock Dev., LLC v. C.H. Garmong & Son Inc, 261 N.E.3d 192 (Ind. 2025).
Ind. Code § 32-28-3-1(c)(B): 1 case
Mayberry Café, Inc. v. Glenmark Constr. Co., 879 N.E.2d 1162 (Ind. Ct. App. 2008). “Code § 32-8-3-1, now Ind.Code § 32-28-3-1, a no-lien agreement is unenforceable if it is not timely recorded within five days of its execution.”
Ind. Code § 32-28-3-1(h): 1 case
Kevin Walsh v. Chris Sweeney Constr., Inc., No. 17A05-1107-PL-370 (Ind. Ct. App. Jan. 25, 2012).
Ind. Code § 32-28-3-1(i): 2 cases
Feitler v. Springfield Enter., Inc., 978 N.E.2d 1160 (Ind. Ct. App. 2012). “Indiana Code section 32-28-3-1 provides, in part, that “a contractor .”
Fred C. Feitler, Mary Anna Feitler, & the Feitler Fam. Trust v. Springfield Enter., Inc., J. Laurie Com. Floors, LLC, d/b/a Jack Lauries Floor Designs, JM Woodworking Co., No. 17A04-1206-PL-297 (Ind. Ct. App. Nov. 7, 2012).
Ind. Code § 32-28-3-1(i)(2): 1 case
Provident Bank v. Tri-Cnty. Southside Asphalt, Inc., 804 N.E.2d 161 (Ind. Ct. App. 2004). “Ind.Code § 32-28-3-1 (Supp.2003) provides that a contractor or other qualified person may have a lien: [U]pon the: (1) house, mill, manufactory, or other building, bridge, reservoir, system of waterworks, or other structure, sidewalk, walk, stile, well, drain, drainage ditch,…”
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