1. (a) This section applies to a construction contract for the construction, alteration, or repair of a building or structure other than:

   1. (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. (2) property that is:

      1. (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
      2. (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.

2. (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. (1) a lien against real estate; or

   2. (2) a claim against a payment bond;

      before the person is paid for the labor or materials furnished.

3. (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.