Indiana Lien Waiver Forms — Generate in 60 Seconds
Generate Indiana lien waivers that follow the requirements of IC 32-28-3. Indiana doesn't mandate a statutory form, which means the language on your waiver matters — get it wrong and you could waive more than you intended. All four waiver types available with free preview. No notarization required.
Which Type Do You Need?
Indiana uses the standard 4-type framework. Two factors determine which form you need: (1) whether payment has cleared, and (2) whether this covers a progress payment or the entire project. Indiana's key protection: IC 32-28-3-16 makes it VOID to require a lien waiver before payment.
Decision Tree
Generate Your Indiana Lien Waiver
Generate waivers regularly?
Create a free account to save your waivers, track projects, and manage contacts.
Sign Up FreeIndiana Lien Waiver Rules at a Glance
No mandatory statutory form
Indiana doesn't prescribe a specific waiver form. Any form may be used, but the language must be precise — you're responsible for what the waiver says.
Advance waivers void
IC 32-28-3-16 voids any contract provision requiring waiver of lien rights or payment bond claims before payment is made.
Notarization NOT required
Indiana lien waivers don't need to be notarized. Adding notarization slows down the process without providing legal benefit for the waiver itself.
No-lien contracts allowed for some projects
Class 2 structures (commercial) can use recorded no-lien contracts to prevent liens from attaching, if properly filed within 5 days of execution (IC 32-28-3-1).
Residential lien deadline: 60 days
Mechanics lien on 1-2 family dwellings must be filed within 60 days of last furnishing. Commercial projects get 90 days (IC 32-28-3-3).
Preliminary notice required on residential
Subs and suppliers on owner-occupied residential projects must give written notice within 60 days of first furnishing (new construction) or 30 days (renovation).
Indiana Lien Waiver Legal Requirements
Indiana is a non-statutory form state. The Mechanics Lien Act (IC 32-28-3) governs lien rights but doesn't prescribe specific waiver language. This gives flexibility but also risk — since the state doesn't regulate waiver language, a poorly drafted form could waive more rights than intended. IC 32-28-3-16 is the key waiver protection: it voids contract provisions that require waiver of lien rights or payment bond claims before payment. This applies to most construction contracts, with exceptions for Class 2 structures (commercial buildings) and utility property. For Class 2 projects, owners and GCs can use no-lien contracts under IC 32-28-3-1, but only if the contract is in writing, includes a legal property description, is acknowledged like a deed, and is recorded within 5 days of execution. These no-lien provisions don't retroactively affect liens for work already performed before recording.
Recent Law Changes
- P.L.81-2020 (effective 2020): Updated IC 32-28-3-16 to clarify advance waiver prohibition scope. Also expanded supplier-to-supplier lien rights, reversing prior restrictions.
- HB 1033 (2025 session): Proposed reducing public project retainage caps and establishing private project retainage limits. Check current legislative status for updates.
Indiana Conditional Progress Waiver
What It Is
Waives lien rights for a specific progress payment, effective only when the payment check clears the bank. Until that happens, your lien rights remain intact.
When to Use
When exchanging a waiver for a progress payment (draw) you haven't received yet, or when the check hasn't cleared.
Key Legal Points
- Effective only upon receipt and clearing of the specified payment amount.
- Covers only the progress payment amount stated — does not affect retainage, pending change orders, or future work.
- IC 32-28-3-16 protects you: a GC cannot require this waiver as a condition of future payment. It can only be exchanged contemporaneously with a specific payment.
- Indiana doesn't prescribe form language, so verify that your waiver explicitly states it's conditional on payment clearing.
- Should identify the project, property, parties, payment amount, and the period covered.
Tips
- Because Indiana doesn't regulate waiver language, read every word before signing. A waiver that says 'unconditional' when you meant to sign a 'conditional' form has real consequences.
- Keep copies of the progress payment request or invoice referenced in the waiver.
- If a GC provides their own waiver form, verify it includes a clear condition tied to payment clearing — not just receipt of a check.
Indiana Unconditional Progress Waiver
Statutory reference: IC 32-28-3-16 (waiver protection)
What It Is
Immediately and irrevocably waives lien rights for a progress payment upon signing. No conditions — once signed, those rights are gone regardless of what happens with the payment.
When to Use
Only after you've received a progress payment in good and sufficient funds and the check has fully cleared.
Key Legal Points
- Effective immediately upon signing — no conditions, no waiting for check clearance.
- Covers only the progress payment amount stated — retainage, change orders, and future work remain protected.
- IC 32-28-3-16 makes it void to require this form before payment is made. If a GC demands it pre-payment, that demand has no legal effect.
- Unlike statutory form states, Indiana's lack of prescribed language means the scope of what you're waiving depends entirely on the form's wording.
Warning
Do not sign this form until the payment has cleared your bank. Indiana law prohibits requiring it before payment (IC 32-28-3-16), but once you sign voluntarily, the waiver is binding. Use a conditional form if the check hasn't cleared.
Tips
- Wait for the check to clear before signing — not just receipt of the check.
- If pressured to sign before payment, point to IC 32-28-3-16: the demand is void under Indiana law.
Indiana Conditional Final Waiver
What It Is
Waives lien rights for the entire project — all labor, materials, equipment, and services — but only upon receipt and clearance of the final payment.
When to Use
When submitting a request for final payment (including retainage) and you haven't received it yet.
Key Legal Points
- Covers all work on the entire project, not just a single payment period.
- Effective only when final payment clears the bank — lien rights remain intact until then.
- Final payment amount should include all outstanding retainage and approved change orders.
- The condition precedent (payment clearing) is your protection — if the check bounces or is stopped, the waiver doesn't take effect.
- In Indiana, 1 year to enforce a filed lien from date of recording (can be shortened to 30 days if owner sends Notice to Foreclose).
Tips
- Make sure the final payment amount includes all retainage. Indiana doesn't cap private retainage, so verify the full amount owed.
- Keep documentation of every change order and payment through the project — you'll need it if the final payment is disputed.
Indiana Unconditional Final Waiver
What It Is
Immediately and irrevocably waives all lien rights for the entire project upon signing. The most consequential waiver form — there's no going back.
When to Use
Only after ALL payment — including final payment and retainage — has been received in good and sufficient funds.
Key Legal Points
- Immediately effective upon signing. All lien rights on the project are released, period.
- Covers every dollar for all labor, materials, equipment, and services on the entire project.
- No exceptions, no carve-outs, no conditions.
- IC 32-28-3-16 prohibits requiring this form before payment, but once signed voluntarily after payment, it's irrevocable.
- Since Indiana doesn't prescribe form language, the scope is defined by whatever the document says. Read it carefully.
Warning
Do not sign with any amounts outstanding — including retainage, disputed extras, or pending change orders. Once signed, you've released everything. If any payment is still owed, use a conditional final waiver instead.
Tips
- This is the final, complete release. Verify every dollar has cleared before signing.
- If disputes remain on any portion of the project, resolve them before signing or use a conditional final waiver and negotiate separately.
Common Indiana Lien Waiver Mistakes
- 1
Using a generic waiver form without reading the language
Indiana doesn't prescribe waiver forms, so there's no statutory safety net. If your form says 'unconditional' when you meant 'conditional,' or waives rights beyond the payment amount, that's on you. Read every word.
- 2
Not knowing about the advance waiver prohibition
IC 32-28-3-16 voids any contract clause requiring you to waive lien rights before payment. If a GC's contract includes a blanket lien waiver provision, that provision is void — but you have to know the law to push back.
- 3
Missing the residential preliminary notice deadline
Subs and suppliers on owner-occupied residential projects must provide written notice within 60 days of first furnishing (new construction) or 30 days (renovation). Miss this deadline and you lose your lien rights entirely — the notice is a condition precedent to the lien.
- 4
Confusing residential and commercial lien filing deadlines
Residential (1-2 family): 60 days after last furnishing. Commercial: 90 days. Using the wrong deadline means your lien is invalid. Check the project type before calculating your deadline.
- 5
Ignoring the no-lien contract possibility on commercial projects
On Class 2 structures, the owner and GC can record a no-lien contract under IC 32-28-3-1. If one is on file, your mechanics lien rights may not attach. Check with the county recorder before relying on lien rights as leverage.
Indiana Lien Waiver FAQ
Does Indiana require statutory lien waiver forms?
Do lien waivers need to be notarized in Indiana?
What's the difference between a conditional and unconditional lien waiver in Indiana?
Can I waive lien rights before receiving payment in Indiana?
What are Indiana's mechanics lien filing deadlines?
Do I need to send preliminary notice in Indiana?
What is a no-lien contract in Indiana?
Does Indiana cap retainage on construction projects?
Is an Indiana lien waiver the same as a lien release?
Can a pay-if-paid clause override lien waiver protections in Indiana?
Lien Waiver Guides & Resources
Lien Waivers Meet QuickBooks Online: Automatic Sync for GCs
LienWaiver.pro now syncs lien waivers directly with QuickBooks Online. Generate waivers from QBO bills, track them, and attach signed PDFs back to the bill.
7 min read
Conditional vs Unconditional Lien Waiver: Which One Should You Sign?
Sign conditional waivers before payment clears, unconditional after. Here's the difference and why it matters.
10 min read
How to Fill Out a Lien Waiver Form: A Step-by-Step Guide
A lien waiver has 8-12 fields. Here's what goes in each one, common mistakes that invalidate waivers, and how to avoid signing away more than you should.
10 min read
Do Lien Waivers Need to Be Notarized? A State-by-State Guide
Only 2 states require notarized lien waivers by law. In California, notarization may actually invalidate your waiver. Here's what you need to know.
9 min read
Lien Waiver Forms for Other States
* = mandatory statutory form language required