§ 32-28-3-16 — Waiver of right to a lien voiding contract

(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.]

Legislative History

As added by P.L.2-2002, SEC.13. Amended by P.L.101-2002, SEC.7; P.L.81-2020, SEC.20.