Indiana
Lien Waiver Forms
Indiana lien waivers: unregulated format, but advance waiver clauses are void on most projects
State Rules
How Indiana treats lien waivers
Indiana prescribes no statutory lien waiver form and imposes no notarization requirement, so our general-purpose conditional and unconditional progress and final waivers apply. Advance waivers are another matter: Ind. Code § 32-28-3-16 voids any construction-contract provision requiring a supplier of labor, materials, or machinery to waive lien or payment-bond rights on most projects. The carve-out is one- or two-family dwellings and certain utility projects, where a written, acknowledged no-lien contract recorded within five days remains enforceable.
What to know about Indiana lien waivers
- Indiana voids advance lien-waiver clauses in construction contracts on most projects (Ind. Code § 32-28-3-16); tie each waiver to work performed and payment received rather than waiving in the contract. The exception is one- or two-family dwellings (Class 2 structures) and certain utility projects, where a properly recorded no-lien contract can validly cut off lien rights.
Indiana lien waiver forms we generate
Four house forms cover every payment on an Indiana project: conditional or unconditional, progress or final.
Conditional Waiver and Release of Lien: Progress Payment
Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.
Unconditional Waiver and Release of Lien: Progress Payment
Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.
Conditional Waiver and Release of Lien: Final Payment
Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.
Unconditional Waiver and Release of Lien: Final Payment
Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.
Indiana has no statutory waiver form to download blank. The generator above fills in a general-purpose form with Indiana's signing rules built in instead.
Signing a lien waiver in Indiana
Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Indiana, built into every waiver we generate.
Advance waivers
Ind. Code § 32-28-3-16: any provision in a contract for the improvement of real estate requiring a person furnishing labor, materials, or machinery to waive lien or payment-bond rights is void, except on Class 2 structures (one- or two-dwelling-unit buildings) and certain utility projects, where a properly acknowledged no-lien contract recorded within five days is enforceable (Ind. Code § 32-28-3-1).
Indiana execution rules
- ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
- ✓ Notarization: not required in Indiana.
- ✓ Witness: not required in Indiana.
- ✓ E-signature: available. Send Indiana waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.
Indiana lien waiver questions
Which lien waiver forms does Indiana use?
Do Indiana lien waivers need to be notarized?
What is the difference between a conditional and an unconditional lien waiver in Indiana?
What is the difference between a progress and a final lien waiver in Indiana?
Is a lien waiver signed in advance enforceable in Indiana?
Create a free Indiana lien waiver
The correct Indiana form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.
More Indiana lien tools
Bordering states
Every state's waiver rules are different. Check before you sign.