Section 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.
Amended by P.L. 81-2020,SEC. 20, eff. 7/1/2020.As added by P.L. 2-2002, SEC.13. Amended by P.L. 101-2002, SEC.7.