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.

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