reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 3. Notice and Opportunity to Repair › 32-27-3-10. Attorney's Fees and Costs to Claimant

Sec. 10. If a construction professional unreasonably:
(1) disputes a home owner's claim;
(2) fails to remedy or compromise and settle the claim;
(3) fails to repair the construction defect within a reasonable time, subject to the nature of the repair or some unforeseen event not caused by the construction professional; or
(4) fails to respond to a notice;
and the claimant commences an action governed by this chapter and prevails in the action, the court may award attorney's fees and costs to the claimant.
As added by P.L.134-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 3. Notice and Opportunity to Repair › 32-27-3-11. Filing; List of Defects

Sec. 11. (a) In every action brought against a construction professional, the claimant must file with the court and serve on the defendant a list of known construction defects in accordance with this section.
(b) The list of known construction defects must contain a description of the construction that the claimant alleges to be defective. The list of known construction defects must be filed with the court and served on the defendant within sixty (60) days after the commencement of the action or within such longer period as the court in its discretion may allow.
(c) The list of known construction defects may be amended by the claimant to identify additional construction defects as they become known to the claimant.
(d) The list of known construction defects must specify, to the extent known to the claimant, the construction professional responsible for each alleged defect identified by the claimant.
(e) If a subcontractor or supplier is added as a party to an action under this section, the party making the claim against the subcontractor or supplier must serve on the subcontractor or supplier the list of construction defects in accordance with this section within sixty (60) days after service of the complaint against the subcontractor or supplier, or within such period as the court in its discretion may allow.
As added by P.L.134-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 3. Notice and Opportunity to Repair › 32-27-3-12. Notice of Right to Offer to Cure; Action Not Barred

Sec. 12. (a) Upon entering into a contract for sale, construction, or substantial remodeling of a residence, a construction professional must provide notice to each home owner of the construction professional's right to offer to cure construction defects before a home owner may commence litigation against the construction professional. The notice must be conspicuous and may be included as part of the underlying contract signed by the home owner.
(b) The notice required by this section must be in substantially the following form:
"IC 32-27-3 CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR OR BUILDER OF YOUR HOME. SIXTY (60) DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR OR BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR OR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER OR CONTRACTOR. HOWEVER, IF YOU UNREASONABLY REJECT A REASONABLE WRITTEN OFFER AND COMMENCE AN ACTION AGAINST THE BUILDER OR CONTRACTOR, A COURT MAY AWARD ATTORNEY'S FEES AND COSTS TO THE BUILDER OR CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.".
(c) This chapter does not preclude or bar any action if notice is not given to the home owner as required by this section.
As added by P.L.134-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 3. Notice and Opportunity to Repair › 32-27-3-13. Contractual Relationship Not Affected

Sec. 13. Nothing in this chapter shall be construed to hinder or otherwise affect the employment, agency, or contractual relationship between and among home owners and construction professionals during the process of construction or remodeling and does not preclude the termination of those relationships as allowed under current law. Nothing in this chapter shall negate or otherwise restrict a construction professional's right to access or inspection provided by law, covenant, easement, or contract.
As added by P.L.134-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 27. Construction Warranties on Real Property › Chapter 3. Notice and Opportunity to Repair › 32-27-3-14. Tolling of Statute of Limitations

Sec. 14. If a written notice of claim is served under section 2 of this chapter within the time prescribed for the filing of an action against a construction professional based on an alleged construction defect, the applicable statute of limitations for construction related claims is tolled with respect to the alleged construction defect described in the notice of claim from the day on which the notice of claim is served until sixty (60) days after the period of time during which the filing of an action is barred under this chapter.
As added by P.L.134-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 1. Record of Liens; Duty to Satisfy Record After Release or Discharge of Liens › 32-28-1-1. Debt or Obligation Paid

Sec. 1. (a) This section applies to a person, a firm, a limited liability company, a corporation, a copartnership, an association, an administrator, an executor, a guardian, a trustee, or another person who is the owner, holder, or custodian of any mortgage, mechanic's lien, judgment, or other lien recorded in Indiana.
(b) When the debt or obligation and the interest on the debt or obligation that the mortgage, mechanic's lien, judgment, or other lien secures has been fully paid, lawfully tendered, and discharged, the owner, holder, or custodian shall:
(1) release;
(2) discharge; and
(3) satisfy of record;
the mortgage, mechanic's lien, judgment, or other lien.
(c) If the release, discharge, or satisfaction is a release, discharge, or satisfaction in part, the instrument must:
(1) state on its face that the instrument is a:
(A) partial release;
(B) partial discharge; or
(C) partial satisfaction; and
(2) describe what portion of the mortgage, mechanic's lien, judgment, or other lien is released, discharged, or satisfied.
[Pre-2002 Recodification Citation: 32-8-1-1.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 1. Record of Liens; Duty to Satisfy Record After Release or Discharge of Liens › 32-28-1-2. Forfeiture; Commissioner to Release and Satisfy Lien

Sec. 2. (a) This section applies if:
(1) the mortgagor or another person having the right to demand the release of a mortgage or lien makes a written demand, sent by registered or certified mail with return receipt requested, to the owner, holder, or custodian to release, discharge, and satisfy of record the mortgage, mechanic's lien, judgment, or other lien; and
(2) the owner, holder, or custodian fails, neglects, or refuses to release, discharge, and satisfy of record the mortgage, mechanic's lien, judgment, or other lien as required under section 1 of this chapter not later than fifteen (15) days after the date the owner, holder, or custodian receives the written demand.
(b) An owner, holder, or custodian shall forfeit and pay to the mortgagor or other person having the right to demand the release of the mortgage or lien:
(1) a sum not to exceed five hundred dollars ($500) for the failure, neglect, or refusal of the owner, holder, or custodian to:
(A) release;
(B) discharge; and
(C) satisfy of record the mortgage or lien; and
(2) costs and reasonable attorney's fees incurred in enforcing the release, discharge, or satisfaction of record of the mortgage or lien.
(c) If the court finds in favor of a plaintiff who files an action to recover damages under subsection (b), the court shall award the plaintiff the costs of the action and reasonable attorney's fees as a part of the judgment.
(d) The court may appoint a commissioner and direct the commissioner to release and satisfy the mortgage, mechanic's lien, judgment, or other lien. The costs incurred in connection with releasing and satisfying the mortgage, mechanic's lien, judgment, or other lien shall be taxed as a part of the costs of the action.
(e) The owner, holder, or custodian, by virtue of having recorded the mortgage, mechanic's lien, judgment, or other lien in Indiana, submits to the jurisdiction of the courts of Indiana as to any action arising under this section.
[Pre-2002 Recodification Citation: 32-8-1-2.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 2. Limitation on and Reinstatement of Liens After Destruction of Records › 32-28-2-1. Succession of Lien; Action to Reinstate Record

Sec. 1. (a) Except as provided in subsections (b) and (c), if the record of a judgment of an Indiana court that would otherwise be a lien upon real estate is destroyed, six (6) months after the date when the record is destroyed the judgment ceases to be a lien upon any real estate as against any right, title, lien on or interest in the real estate accruing to or acquired by any person for a valuable consideration and without notice.
(b) The record of a judgment does not cease to be a lien under subsection (a) six (6) months after the date when the record is destroyed if the judgment plaintiff or the assignee or owner of the judgment, less than six (6) months after the date when the record is destroyed, files an action to reinstate the record of the judgment in the court having jurisdiction of the record.
(c) If the plaintiff obtains a judgment or decree in the action filed under subsection (b), the filing of the action to reinstate the record preserves the lien of the judgment in the same manner and to the same extent as if the record had not been destroyed.
[Pre-2002 Recodification Citation: 32-8-2-1.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. (a) The amendments made to IC 32-8-3-1 (before its repeal, now codified at section 1 of this chapter), IC 32-8-3-3 (before its repeal, now codified at section 3 of this chapter), and IC 32-8-3-5 (before its repeal, now codified at section 5 of this chapter) by P.L.53-1999 apply only to contracts and subcontracts entered into after June 30, 1999.
(b) The addition of IC 32-8-3-16 (before its repeal, now codified at section 16 of this chapter), IC 32-8-3-17 (before its repeal, now codified at section 17 of this chapter), and IC 32-8-3-18 (before its repeal, now codified at section 18 of this chapter) by P.L.53-1999 applies only to contracts and subcontracts entered into after June 30, 1999.
As added by P.L.220-2011, SEC.523.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-2. Extent of Lien; Leased or Mortgaged Land

Sec. 2. (a) The entire land upon which the building, erection, or other improvement is situated, including the part of the land not occupied by the building, erection, or improvement, is subject to a lien to the extent of the right, title, and interest of the owner for whose immediate use or benefit the labor was done or material furnished.
(b) If:
(1) the owner has only a leasehold interest; or
(2) the land is encumbered by mortgage;
the lien, so far as concerns the buildings erected by the lienholder, is not impaired by forfeiture of the lease for rent or foreclosure of mortgage. The buildings may be sold to satisfy the lien and may be removed not later than ninety (90) days after the sale by the purchaser.
[Pre-2002 Recodification Citation: 32-8-3-2.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-4. Validity of Certain Notices of Intention to Hold Lien

Sec. 4. Any otherwise valid and enforceable statement and notice of intention to hold a lien filed before March 10, 1967, is valid and enforceable.
[Pre-2002 Recodification Citation: 32-8-3-4.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-5. Recording Notice; Priority of Lien

Sec. 5. (a) As used in this section, "lender" refers to:
(1) an individual;
(2) a supervised financial organization (as defined in IC 26-1-4-102.5);
(3) an insurance company or a pension fund; or
(4) any other entity that has the authority to make loans.
(b) The recorder shall record the statement and notice of intention to hold a lien when presented under section 3 of this chapter in the miscellaneous record book. The recorder shall charge a fee for recording the statement and notice in accordance with IC 36-2-7-10. When the statement and notice of intention to hold a lien is recorded, the lien is created. The recorded lien relates back to the date the mechanic or other person began to perform the labor or furnish the materials or machinery. Except as provided in subsections (c) and (d), a lien created under this chapter has priority over a lien created after it.
(c) The lien of a mechanic or materialman does not have priority over the lien of another mechanic or materialman.
(d) The mortgage of a lender has priority over all liens created under this chapter that are recorded after the date the mortgage was recorded, to the extent of the funds actually owed to the lender for the specific project to which the lien rights relate. This subsection does not apply to a lien that relates to a construction contract for the development, construction, alteration, or repair of the following:
(1) A Class 2 structure (as defined in IC 22-12-1-5).
(2) An improvement on the same real estate auxiliary to a Class 2 structure (as defined in IC 22-12-1-5).
(3) Property that is:
(A) owned, operated, managed, or controlled by:
(i) a public utility (as defined in IC 8-1-2-1);
(ii) a municipally owned utility (as defined in IC 8-1-2-1);
(iii) a joint agency (as defined in IC 8-1-2.2-2);
(iv) a rural electric membership corporation formed under IC 8-1-13-4;
(v) a rural communications cooperative corporation formed under IC 8-1-17; or
(vi) a 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.
[Pre-2002 Recodification Citation: 32-8-3-5.]
As added by P.L.2-2002, SEC.13. Amended by P.L.101-2002, SEC.6; P.L.35-2010, SEC.207; P.L.81-2020, SEC.19.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-6. Enforcement of Lien

Sec. 6. (a) A person may enforce a lien by filing a complaint in the circuit or superior court of the county where the real estate or property that is the subject of the lien is situated. The complaint must be filed not later than one (1) year after:
(1) the date the statement and notice of intention to hold a lien was recorded under section 3 of this chapter; or
(2) subject to subsection (c), the expiration of the credit, if a credit is given.
(b) Except as provided in subsection (c), if a lien is not enforced within the time set forth in subsection (a), the lien is void.
(c) A credit does not extend the time for filing an action to enforce the lien under subsection (a)(2) unless:
(1) the terms of the credit are in writing;
(2) the credit was executed by:
(A) the lienholder; and
(B) all owners of record; and
(3) the credit was recorded:
(A) in the same manner as the original statement and notice of intention to hold a lien; and
(B) not later than one (1) year after the date the statement and notice of intention to hold a lien was recorded.
(d) If the lien is foreclosed under this chapter, the court rendering judgment shall order a sale to be made of the property subject to the lien. The officers making the sale shall sell the property in accordance with IC 34-55-6.
[Pre-2002 Recodification Citation: 32-8-3-6.]
As added by P.L.2-2002, SEC.13. Amended by P.L.45-2016, SEC.4.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-7. Sale to Satisfy Lien; Consolidation of Actions

Sec. 7. (a) A person whose lien is recorded under this chapter may be a party to an action to enforce a lien.
(b) The court may, by judgment, direct a sale of the land and building for the satisfaction of the liens and costs. The sale shall not prejudice the rights of:
(1) a prior encumbrance; or
(2) an owner or other person who is not a party to the action.
(c) If several actions are brought by different claimants and are pending at the same time, the court may order the actions to be consolidated.
[Pre-2002 Recodification Citation: 32-8-3-7.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-8. Insufficient Proceeds of Sale

Sec. 8. If the proceeds of the sale of the property subject to a lien are insufficient to pay all the claimants, the court shall order the claimants to be paid in proportion to the amount due each claimant.
[Pre-2002 Recodification Citation: 32-8-3-8.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-10. Property Owner's Notice to Lienholder to File Action to Foreclose the Lien; Lienholder's Failure to File; Recording of Owner's Affidavit; Release From Lien

Sec. 10. (a) A lien is void if both of the following occur:
(1) The owner of property subject to a mechanic's lien or any person or corporation having an interest in the property, including a mortgagee or a lienholder, provides written notice to the owner or holder of the lien to file an action to foreclose the lien.
(2) The owner or holder of the lien fails to file an action to foreclose the lien in the county where the property is located not later than thirty (30) days after receiving the notice.
However, this section does not prevent the claim from being collected as other claims are collected by law.
(b) A person who gives notice under subsection (a)(1) by registered or certified mail to the lienholder at the address given in the recorded statement and notice of intention to hold a lien may file an affidavit of service of the notice to file an action to foreclose the lien with the recorder of the county in which the property is located. The affidavit must state the following:
(1) The facts of the notice.
(2) That more than thirty (30) days have passed since the notice was received by the lienholder.
(3) That no action for foreclosure of the lien is pending.
(4) That no unsatisfied judgment has been rendered on the lien.
(c) The recorder shall:
(1) record the affidavit of service in the miscellaneous record book of the recorder's office; and
(2) certify by cross reference to the record any lien that is fully released.
When the recorder records the affidavit and certifies by cross reference the record under this subsection, the real estate described in the lien is released from the lien.
[Pre-2002 Recodification Citation: 32-8-3-10.]
As added by P.L.2-2002, SEC.13. Amended by P.L.196-2019, SEC.2.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-11. Undertaking to Pay Judgment and Cost

Sec. 11. (a) In an action to foreclose a lien:
(1) the defendant or owner of the property subject to the lien; or
(2) any person having an interest in the property subject to the lien, including a mortgagee or other lienholder;
may file in the action a written undertaking with surety to be approved by the court.
(b) An undertaking filed under this section must provide that the person filing it will pay any judgment that may be recovered in the action to foreclose the lien, including costs and attorney's fees allowed by the court, if the claim on which the judgment is founded is found by the court to have been a lien on the property at the time the action was filed.
(c) If an undertaking is filed and approved by the court:
(1) the court shall enter an order releasing the property from the lien; and
(2) the property shall be discharged from the lien.
[Pre-2002 Recodification Citation: 32-8-3-11.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-12. Railroads; Labor and Materials; Lien

Sec. 12. (a) This section applies to a person who:
(1) performs work or labor such as:
(A) grading;
(B) building embankments;
(C) making excavations for track;
(D) building:
(i) bridges;
(ii) trestlework;
(iii) works of masonry;
(iv) fencing; or
(v) other structures; or
(E) performs work of any kind;
in the construction or repair of a railroad or part of a railroad in Indiana; or
(2) furnishes material for:
(A) a bridge, trestlework, work of masonry, fence, or other structure; or
(B) use in the construction or repair of a railroad or part of a railroad;
in Indiana.
(b) The work, labor, or material described in subsection (a) may be provided under a contract:
(1) with the railroad corporation building, repairing, or owning the railroad; or
(2) with a person, corporation, or company engaged as:
(A) lessee;
(B) contractor;
(C) subcontractor; or
(D) agent;
of the railroad corporation in the work of constructing or repairing the railroad or part of the railroad in Indiana.
(c) A person to whom this section applies may have a lien to the extent of the work or labor performed, or material furnished, or both, upon:
(1) the right-of-way and franchises of the railroad corporation; and
(2) the works and structures as set forth in this section that may be upon the right-of-way and franchise of the railroad corporation;
within the limits of the county in which the work or labor may be performed or the material may be furnished.
(d) A person performing work or labor or furnishing materials under a contract described in subsection (b)(2) is not required to give notice to the railroad corporation under section 9 of this chapter in order to acquire and hold a lien for labor performed or material furnished under the provisions of this section. The performance of the labor or the furnishing of the materials is sufficient notice to the railroad corporation. A lien that is acquired as set forth in this subsection shall be enforced as other mechanic's liens are enforced in Indiana.
(e) A person who, in doing business with a railroad company, has constructed a building or other improvement on a portion of the railroad right-of-way adjacent to the person's place of business may have a lien to the extent of the fair market value of the improvement on that portion of the right-of-way. The lien may be acquired and enforced:
(1) upon abandonment of the right-of-way by the railroad company; and
(2) against the successors in title of the railroad company.
This subsection does not apply to property that is subject to a written agreement providing for the disposition of improvements upon abandonment. Liens acquired under this subsection shall be enforced as other mechanic's liens are enforced in Indiana.
[Pre-2002 Recodification Citation: 32-8-3-12.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-13. Notice of Intention to Hold Lien

Sec. 13. A person who desires to acquire the lien provided for in section 12 of this chapter must give notice of the person's intention to hold the lien by causing the notice to be recorded in the recorder's office of the county in which the work was done or material furnished in the same manner and within the same time as provided in this chapter for giving notice of a mechanic's lien. A person who gives notice within the proper time may enforce the lien in the same manner as mechanic's liens are enforced. The suit must be brought within one (1) year after the time the notice was filed in the recorder's office.
[Pre-2002 Recodification Citation: 32-8-3-13.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-14. Attorney's Fees

Sec. 14. (a) Except as provided in subsection (b), in an action to enforce a lien under this chapter, a plaintiff or lienholder who recovers a judgment in any sum is entitled to recover reasonable attorney's fees. The court shall enter the attorney's fees as a part of the judgment.
(b) A plaintiff may not recover attorney's fees as part of the judgment against a property owner in an action in which the contract consideration for the labor, material, or machinery has been paid by the property owner or party for whom the improvement has been constructed.
[Pre-2002 Recodification Citation: 32-8-3-14.]
As added by P.L.2-2002, SEC.13. Amended by P.L.1-2007, SEC.211.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-15. Accepting Payment for Labor or Materials Subject to Outstanding Indebtedness

Sec. 15. A person who knowingly or intentionally:
(1) performs labor, supplies services, or furnishes material or machinery in the:
(A) construction;
(B) repair; or
(C) remodeling;
of a building, structure, or other work;
(2) accepts payment for the labor, services, material, or machinery furnished and supplied;
(3) at the time of receiving the payment, knows that the person is indebted to another for:
(A) labor, including the cost of renting or leasing construction and other equipment and tools, whether or not an operator is also provided by the lessor;
(B) services;
(C) material; or
(D) machinery;
used or employed in the construction, repair, or remodeling;
(4) fails:
(A) at the time of receiving the payment; and
(B) with intent to defraud;
to notify in writing the person from whom the payment was received of the existence of the outstanding indebtedness; and
(5) causes the person from whom the payment was received to suffer a loss by failing under subdivision (4) to notify the person of the existence of the outstanding indebtedness;
commits a Level 6 felony.
[Pre-2002 Recodification Citation: 32-8-3-15.]
As added by P.L.2-2002, SEC.13. Amended by P.L.158-2013, SEC.332.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-16. Waiver of Right to a Lien Voiding Contract

Sec. 16. (a) This section applies to a construction contract for the construction, alteration, or repair of a building or structure other than:
(1) a Class 2 structure (as defined in IC 22-12-1-5) or an improvement on the same real estate auxiliary to a Class 2 structure (as defined in IC 22-12-1-5); or
(2) property that is:
(A) owned, operated, managed, or controlled by a public utility (as defined in IC 8-1-2-1), a municipally owned utility (as defined in IC 8-1-2-1), a joint agency (as defined in IC 8-1-2.2-2), a rural electric membership corporation formed under IC 8-1-13-4, rural communications cooperative corporation formed under IC 8-1-17, or a 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.
(b) A provision in a contract for the improvement of real estate in Indiana is void if the provision requires a person described in section 1 of this chapter who furnishes labor, materials, or machinery to waive a right to:
(1) a lien against real estate; or
(2) a claim against a payment bond;
before the person is paid for the labor or materials furnished.
(c) A provision in a contract for the improvement of real estate in Indiana under which one (1) or more persons agree not to file a notice of intention to hold a lien is void.
[Pre-2002 Recodification Citation: 32-8-3-16.]
As added by P.L.2-2002, SEC.13. Amended by P.L.101-2002, SEC.7; P.L.81-2020, SEC.20.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-17. Provision That Contract Subject to Laws of Another State Void

Sec. 17. A provision in a contract for the improvement of real estate in Indiana is void if the provision:
(1) makes the contract subject to the laws of another state; or
(2) requires litigation, arbitration, or other dispute resolution process on the contract occur in another state.
[Pre-2002 Recodification Citation: 32-8-3-17.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 3. Mechanic's Liens › 32-28-3-18. Receipt of Payment From Third Person Not Limiting Right to Lien

Sec. 18. (a) This section applies to a provider of labor, materials, or equipment under a contract for the improvement of real estate that conditions the right of the provider to receive payment on the obligor's receipt of payment from a third person with whom the provider does not have a contractual relationship.
(b) This section does not apply to a construction contract for the construction, alteration, or repair of the following:
(1) A Class 2 structure (as defined in IC 22-12-1-5).
(2) An improvement on the same real estate auxiliary to a Class 2 structure (as defined in IC 22-12-1-5).
(3) 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.
(c) An obligor's receipt of payment from a third person may not:
(1) be a condition precedent to;
(2) limit; or
(3) be a defense to;
the provider's right to record or foreclose a lien against the real estate that was improved by the provider's labor, material, or equipment.
[Pre-2002 Recodification Citation: 32-8-3-18.]
As added by P.L.2-2002, SEC.13. Amended by P.L.101-2002, SEC.8; P.L.81-2020, SEC.21.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 4. Foreclosure and Expiration of a Mortgage or Vendor's Lien › 32-28-4-1. Limitation of Actions

Sec. 1. (a) A mortgage or vendor's lien upon real estate expires ten (10) years after the last installment of the debt secured by the mortgage or vendor's lien becomes due, as shown by the record of the mortgage or vendor's lien unless an action to foreclose is brought not later than ten (10) years after the last installment of the debt secured by the mortgage or vendor's lien becomes due, as shown by the record of the mortgage or vendor's lien.
(b) An action may not be brought in the courts of Indiana to foreclose a mortgage or enforce a vendor's lien reserved by a person to secure the payment of an obligation secured by the mortgage or vendor's lien if the last installment of the debt secured by the mortgage or vendor's lien, as shown by the record of the mortgage or vendor's lien, has been due more than ten (10) years.
[Pre-2002 Recodification Citation: 32-8-4-1.]
As added by P.L.2-2002, SEC.13. Amended by P.L.130-2012, SEC.1; P.L.18-2013, SEC.1.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 4. Foreclosure and Expiration of a Mortgage or Vendor's Lien › 32-28-4-2. Record Silent as to Due Date of Debt; Date of Execution Omitted; Expiration of Lien; Recorder's Certification of Satisfaction of Mortgage or Lien by Lapse of Time

Sec. 2. (a) Except as provided in section 3 of this chapter, if the record of a mortgage or vendor's lien described in section 1 of this chapter does not show when the debt or the last installment of the debt secured by the mortgage or vendor's lien becomes due, the following apply:
(1) If the mortgage or vendor's lien was created before July 1, 2012, the mortgage or vendor's lien expires twenty (20) years after the date on which the mortgage or vendor's lien was executed unless an action to foreclose is brought not later than twenty (20) years after the date on which the mortgage or vendor's lien was executed.
(2) If the mortgage or vendor's lien was created after June 30, 2012, the mortgage or vendor's lien expires ten (10) years after the date on which the mortgage or vendor's lien was executed unless an action to foreclose is brought not later than ten (10) years after the date on which the mortgage or vendor's lien was executed.
(b) If:
(1) the record of a mortgage or vendor's lien described in section 1 of this chapter does not show when the debt or the last installment of the debt secured by the mortgage or vendor's lien becomes due;
(2) the date of execution has been omitted in the mortgage or vendor's lien; and
(3) the mortgage or vendor's lien was created before July 1, 2012;
the mortgage or vendor's lien expires twenty (20) years after the date on which the mortgage or vendor's lien was recorded unless an action to foreclose is brought not later than twenty (20) years after the date on which the mortgage or vendor's lien was recorded.
(c) If:
(1) the record of a mortgage or vendor's lien described in section 1 of this chapter does not show when the debt or the last installment of the debt secured by the mortgage or vendor's lien becomes due;
(2) the date of execution has been omitted in the mortgage or vendor's lien; and
(3) the mortgage or vendor's lien was created after June 30, 2012;
the mortgage or vendor's lien expires ten (10) years after the date on which the mortgage or vendor's lien was recorded unless an action to foreclose is brought not later than ten (10) years after the date on which the mortgage or vendor's lien was recorded.
(d) Upon the request of the owner of record of real estate encumbered by a mortgage or vendor's lien that has expired under this section, the recorder of the county in which the real estate is situated shall certify by cross reference to the record that the mortgage or vendor's lien is fully paid and satisfied by lapse of time, and the real estate is released from the mortgage or vendor's lien.
[Pre-2002 Recodification Citation: 32-8-4-2.]
As added by P.L.2-2002, SEC.13. Amended by P.L.130-2012, SEC.2; P.L.18-2013, SEC.2; P.L.196-2019, SEC.3.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 5. Release of Liens on Conveyance of Real Estate › 32-28-5-1. Lien on Real Property; Entry of Satisfaction

Sec. 1. (a) If a grantee has satisfied a lien on real property, the grantor shall, upon the request of the grantee, record on the lien record that the lien has been satisfied.
(b) Recording on the record of a lien under subsection (a) that the lien has been satisfied operates as a complete discharge of the lien.
[Pre-2002 Recodification Citation: 32-8-5-1.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 5. Release of Liens on Conveyance of Real Estate › 32-28-5-2. Certificate and Acknowledgment Releasing Lien

Sec. 2. (a) If a grantee has satisfied a lien on real property but the grantor has not recorded that the lien has been satisfied under section 1 of this chapter, the grantor shall, at the request of the grantee, certify that the lien has been satisfied. The grantor's certification shall be acknowledged by the grantor in the same manner as is required to entitle a conveyance of real property to be recorded. The grantor's certification shall be recorded by the recorder in whose office the deed is recorded, with reference to the location of the recorded deed.
(b) A recorded certification that a lien has been satisfied operates as a complete discharge of the lien.
[Pre-2002 Recodification Citation: 32-8-5-2.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 6. Release of Mechanic's Liens › 32-28-6-1. Failure to Release Lien; Damages

Sec. 1. (a) If:
(1) a person owns or has an interest in real estate to which a mechanic's lien has been attached;
(2) the debt secured by the lien has satisfied or paid; and
(3) the person who owns or has an interest in the encumbered real estate demands that the lien be released;
the lienholder shall release the lien within fifteen (15) days after the demand.
(b) If the lienholder does not release the lien within fifteen (15) days after the demand, the lienholder is liable to the person who owns or has an interest in the real estate to which the mechanic's lien has been attached for the greater of:
(1) actual damages; or
(2) liquidated damages in the sum of ten dollars ($10) per day from the fifteenth day until the release or expiration of the lien.
(c) A person who owns or who has an interest in real estate to which a mechanic's lien has been attached may, at any time thirteen (13) months after the date of the filing of the notice of the lien, file in the office of the recorder of the county in which the real estate is situated an affidavit stating that no suit for the foreclosure of the lien is pending and that no unsatisfied judgment has been rendered on the lien.
[Pre-2002 Recodification Citation: 32-8-6-1.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 6. Release of Mechanic's Liens › 32-28-6-2. Certification of Lien Satisfaction by Lapse of Time

Sec. 2. If a person who owns or has an interest in real estate encumbered by a mechanic's lien prepares and files the affidavit described in section 1(c) of this chapter, the recorder of the county in which the encumbered real estate is situated shall immediately record the affidavit and certify by cross reference to the record of the lien that the mechanic's lien is fully satisfied and that the real estate described in the mechanic's lien is released from the lien. The fee of the recorder for the filing and recording of the affidavit shall be an amount prescribed by law and shall be paid by the person filing the affidavit.
[Pre-2002 Recodification Citation: 32-8-6-2.]
As added by P.L.2-2002, SEC.13. Amended by P.L.196-2019, SEC.5.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 7. Mechanic's Liens and Liens on Public Improvements; Foreclosures and Expiration › 32-28-7-1. Actions to Foreclose or Enforce

Sec. 1. An action may not be brought or maintained in Indiana to foreclose or enforce a mechanic's lien filed under Indiana law when the debt secured by the lien, as shown by the record of the lien, has been due more than one (1) year. If the record of the lien does not show when the debt secured by the lien became due, an action to foreclose or enforce the lien may not be brought or maintained in Indiana more than one (1) year after the filing date of the lien.
[Pre-2002 Recodification Citation: 32-8-7-1.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 7. Mechanic's Liens and Liens on Public Improvements; Foreclosures and Expiration › 32-28-7-2. Record; Notice of Lien

Sec. 2. A mechanic's lien filed under Indiana law expires one (1) year after the debt secured by the lien becomes due, as shown by the record of the lien. If the record of the mechanic's lien does not show when the debt secured by the lien becomes due, the mechanic's lien expires one (1) year after the filing date of the lien.
[Pre-2002 Recodification Citation: 32-8-7-2.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 7. Mechanic's Liens and Liens on Public Improvements; Foreclosures and Expiration › 32-28-7-3. Public Improvement Assessments; Expiration of Liens

Sec. 3. (a) Except as provided in subsection (b), the lien of an assessment for a:
(1) street;
(2) sewer;
(3) sidewalk;
(4) ditch; or
(5) other public improvement;
expires five (5) years after the assessment (including any installment payments) is due and payable, as shown by the record creating the lien.
(b) If an assessment is payable in installments, an action to enforce the lien may be brought within fifteen (15) years after the date of the approval of the record creating the lien. After the expiration of this time period, upon the request of the owner of record of the encumbered real estate, the custodian of the record evidencing the lien, in the jurisdiction in which the real estate is situated, shall certify on the record that the lien of the assessment for street, sewer, sidewalk, ditch, or other public improvement is satisfied and released by lapse of time and that the encumbered real estate is released from the lien.
[Pre-2002 Recodification Citation: 32-8-7-3.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 7. Mechanic's Liens and Liens on Public Improvements; Foreclosures and Expiration › 32-28-7-4. Action to Foreclose or Enforce Liens

Sec. 4. If an action to enforce a lien to which this chapter applies was commenced in Indiana before the lien expired, the lien as it existed at the time the action commenced may be enforced.
[Pre-2002 Recodification Citation: 32-8-7-4.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 8. Foreclosure and Expiration of Liens on Public Improvements › 32-28-8-1. Limitation of Actions

Sec. 1. (a) Except as provided in subsection (b), an action may not be brought for the foreclosure of a lien of an assessment for a:
(1) street;
(2) sewer;
(3) sidewalk;
(4) ditch; or
(5) other public improvement;
if the action is not commenced within five (5) years after the right of action accrues.
(b) If an assessment described in subsection (a) is payable in installments, an action may be brought within fifteen (15) years after the date of the final approval of the assessment as shown by the record creating the lien.
[Pre-2002 Recodification Citation: 32-8-8-1.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 9. Limiting Time for Reopening Judgments Foreclosing Liens for Public Improvements › 32-28-9-1. Judicial Sales; Sheriff's Deed

Sec. 1. If:
(1) a court with jurisdiction in Indiana renders a judgment foreclosing a public improvement lien;
(2) the sheriff of a county sells the encumbered real estate to satisfy the lien; and
(3) the sheriff has executed a sheriff's deed for the real estate to a purchaser;
an action to reopen the judgment or invalidate the deed for any cause may not be brought unless the action is filed within one (1) year after the date of the deed.
[Pre-2002 Recodification Citation: 32-8-9-1.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 10. Real Estate: Employees' Lien on Strip Mines › 32-28-10-1. "Strip Mine" Defined

Sec. 1. (a) As used in this chapter, "strip mine" means a tract of land on which the surface soil has been removed or is being removed or is proposed to be removed from the coal seam by one (1) group of operating machines or machinery and where mine run coal is being produced in the raw state ready for direct sale to a consumer or for transportation to a cleaning or preparation plant.
(b) The term includes the plant used for cleaning and preparing the coal for market.
[Pre-2002 Recodification Citation: 32-8-10-1.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 10. Real Estate: Employees' Lien on Strip Mines › 32-28-10-2. Priority; Notice of Intention; Enforcement of Lien

Sec. 2. (a) A person employed and working in and about a strip mine has a lien on:
(1) the strip mine;
(2) all machinery and fixtures connected with the strip mine; and
(3) everything used in and about the strip mine;
for labor performed within a two (2) month period preceding the lien. Except as provided in subdivision (b), this lien is superior to and has priority over all other liens. As against each other, these liens have priority in the order in which they accrued.
(b) A state tax lien is superior to and has priority over a lien described in subsection (a).
(c) A person desiring to acquire an employee lien as described in subsection (a) shall file within sixty (60) days after the time the payment became due in the recorder's office of the county where the mine is situated a notice of intention to hold a lien upon property for the amount of the claim. The person filing a lien shall state in the lien notice the amount of the claim and the name of the coal works, if known. If the person filing the lien does not know the name of the coal works, the person shall include in the notice any other designation describing the location of the mine. The recorder shall immediately record the notice in the location used for recording mechanic's liens. The recorder shall receive a fee in accordance with IC 36-2-7-10. If the mine is located in more than one (1) county, the notice of intention to hold a lien may be filed in any county where any part of the mine is located.
(d) Suits brought to enforce a lien created under this section must be brought within one (1) year after the date of filing notice of the lien in the recorder's office. All judgments rendered on the foreclosure of the liens must include:
(1) the amount of the claim found to be due;
(2) the interest on the claim from the time due; and
(3) reasonable attorney's fees.
[Pre-2002 Recodification Citation: 32-8-10-2.]
As added by P.L.2-2002, SEC.13. Amended by P.L.45-2016, SEC.5.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 11. Engineer's, Land Surveyor's, and Architect's Liens › 32-28-11-1. Mechanic's Liens

Sec. 1. Registered professional engineers, registered land surveyors, and registered architects may secure and enforce the same lien that is now given to contractors, subcontractors, mechanics, journeymen, laborers, and materialmen under IC 32-28-3 and any statutes that supplement IC 32-28-3.
[Pre-2002 Recodification Citation: 32-8-25-1 part.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 11. Engineer's, Land Surveyor's, and Architect's Liens › 32-28-11-2. Securing and Enforcing

Sec. 2. A lien created under this chapter may be secured and enforced in the same manner as mechanic's liens are secured and enforced.
[Pre-2002 Recodification Citation: 32-8-25-1 part.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 12. Corporate Employees' Liens › 32-28-12-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The amendments made to IC 32-8-24-2 (before its repeal, now codified at section 2 of this chapter) by P.L.235-1993:
(1) apply to liens that are perfected before, on, or after April 22, 1993; and
(2) do not apply to divest a right that vested before April 22, 1993.
As added by P.L.220-2011, SEC.524.