Indiana Partial Lien Waiver
County Forms
Where is the property located?
Adams CountyAllen CountyBartholomew CountyBenton CountyBlackford CountyBoone CountyBrown CountyCarroll CountyCass CountyClark CountyClay CountyClinton CountyCrawford CountyDaviess CountyDe Kalb CountyDearborn CountyDecatur CountyDelaware CountyDubois CountyElkhart CountyFayette CountyFloyd CountyFountain CountyFranklin CountyFulton CountyGibson CountyGrant CountyGreene CountyHamilton CountyHancock CountyHarrison CountyHendricks CountyHenry CountyHoward CountyHuntington CountyJackson CountyJasper CountyJay CountyJefferson CountyJennings CountyJohnson CountyKnox CountyKosciusko CountyLa Porte CountyLagrange CountyLake CountyLawrence CountyMadison CountyMarion CountyMarshall CountyMartin CountyMiami CountyMonroe CountyMontgomery CountyMorgan CountyNewton CountyNoble CountyOhio CountyOrange CountyOwen CountyParke CountyPerry CountyPike CountyPorter CountyPosey CountyPulaski CountyPutnam CountyRandolph CountyRipley CountyRush CountyScott CountyShelby CountySpencer CountySt Joseph CountyStarke CountySteuben CountySullivan CountySwitzerland CountyTippecanoe CountyTipton CountyUnion CountyVanderburgh CountyVermillion CountyVigo CountyWabash CountyWarren CountyWarrick CountyWashington CountyWayne CountyWells CountyWhite CountyWhitley CountyPartial Lien Waiver for Real Estate Located in Indiana
Mechanic's liens are governed under Title 32 of the Indiana Code. A waiver is a knowing relinquishment of a right. In this case, the person granting the waiver is relinquishing the right to seek a mechanic's lien for all or part of the amount due. This assurance is usually enough to get the other party to pay. In Indiana, there are no statutory forms for waivers, although according to the principles of contract law, the parties may agree to such modifications in writing.
A partial conditional waiver is used when a progress or partial payment is made and money is still due and owing. The waiver applies only to the partial payment amount and is conditioned upon the actual receipt of that money. Waivers must identify the parties, the type of materials/services provided, the location of the job, the amount paid/dates covered, and the claimant's notarized signature. Record the completed document in the land records for the county where the property is located.
This article is provided for information purposes only and should not be relied upon as a substitute for the advice from an attorney. Please speak with an Indiana attorney with questions about using a lien waiver, or any other issues related to mechanic's liens in Indiana.