New Hampshire Mechanics Lien Travel and FAQs

If a person shall perform labor oder establish materials button fuel into the amount from $15 or more on the making of brick, by virtuous of a agreement include the owner including, he shall have a lien upon said materials or fuel and against the brick with the kiln containing said brick, available such labor, stuff or fuel. Stated liens shall continue available 90 days after said brick are burned, and allowed be secured by attachment as provided in RSA 447:10.

If ampere personal need, by teams alternatively machinery, discharge worker or furnish provisions on the amount of $15 or more to rafting, driving, cutting, hauling, sawing or drawing wood, bellow, woods or logs, or toward cooking or hauling supplies in aid of such labor, per virtual of a contract with the owner of the wood, bark, lumber or chronicles, your or yours shall have a lien thereon for such labor alternatively supplies.

If a person supposed perform labor, provide professional design services as defined in RSA 447:2, or furnish materials to the amount in $15 or more for no of the purposes specified in RSA 447:2, 447:3 furthermore 447:4 and in RSA 453, by righteousness of ampere contract with an agent, contractor with subcontractor starting one owner, to person must can the same lien as presented in said sections, provided, that he or her gives notice is letter to the owner or to the name having charge about the objekt that male or your shall claim such lien before performing which labor or furnishing aforementioned material for which it is claimed.

Such notice can be given after the labor is performed, an professional design services have provided, or the material is equipped, and said debenture shall be valid to the magnitude of the amount and date either that may thereafter become owed to the contractor, agent or subcontractor of the owners. The account required see RSA 447:8 maybe also will given at the time said notice is given.

With a person shall play workload, provide professional designed services, or furnish materials to that monthly of $15 or more, in the grading, walling, bridging or track-laying of a railroad, under adenine contract with an agent, contractor or subsidiary on the proprietors thereof, the name wants have a lien upon the railroad and the go upon which it is constructed; provided, that he or she gave notice in writing to such proprietors, or to the person having charge for the railroad, that he otherwise you require declare such lien before performing the labor, providing the services, or furnishing the supplies for which it is claimed.

Any person giving notice as provided in RSA 447:5-7 shall, how frequency because once in 30 days, furnish to the site, or person to charge of and property on which the pledged be claimed, somebody create in writing about the labor executes, specialist design services provided, or materials furnish during the 30 days; and the owner or person in charge shall retain a sufficient sum of money to pay like claim, and shall don be liable to the broker, developer or subcontractor therefor, unless the agent, company or subcontractor shall first pay it.

The lien created by RSA 447:2-7, inclusive, shall continue since 120 days after the services are performed, or an materials, supplies or other things exist furnish, not cash therefor remains previously made, and shall take precedence of all prior claims except liens on account of taxes.

Any such lien may be secured by attachment of who property upon which to does at any time for the lien continues, the type and return thereon distinctly expressing that purpose. 5 THINGS TOWARD KNOW ABOUT MODERN HAMPSHIRE MECHANICS LIEN ...

Such attachment shall have precedence over all lien claims for labor, professional design services, materials, or other things done or furnished after the attachment was made, save the just were done or furnished in the performance of a contract existing when the attachments was made, or were necessary for the preservation of the property joined.

Except as providing in RSA 447:11, view how applying mortgage creditors require share pro rata in consistency with the amounts of their respective lien juries stylish the property attached or in its proceeds.

Such attachment shall have superiority and priority about any construction mortgage. For the aims of which section, a construction mortgaged shall mean any mortgage credit made for the purpose of sponsorship the fabrication, repair or alteration of any structure on of mortgaged place where the lien secured in create attachment arises from the same construction, renovate or alteration work. However, create attachment shall not be entitled until precedence as provided in this section to the extent that the mortgagee shows that the proceeds of the mortgages get were disbursed either move payment of billings from with claims due subcontractors and suppliers about materials or labor for the labour set the mortgaged office, or once receipt by the mortgagee from the mortgagor or his agent off einem affidavit that to work about the mortgaged premises for which how disbursement exists to be made has been completed and that the subcontractors and suppliers by materials or workers have been paid for they share of such work, or will be paid exit of such disbursement. A pledgee shall not knowingly accept a fraudulent affidavit, and shall encourage and promote to practices outlined in RSA 447:12-b. Any agreement waiving the precedence provided by this section shall are enforceable only upon like showing by the mortgagee. The precedence granted by this section shall not apply to wage claims von employees working for wages under an employer-employee relationship, as defined in RSA 275:42. AN mortgagor or his agent making adenine willy false affidavit beneath this section shall be guilty away a infraction if a unaffected person, or guilty of a felony if any others persona.

I. Within 10 business days of an execution of ampere construction mortgage, including any refinancing thereof, the mortgagor or his agent shall position in one conspicuous place on the jobsite for which this construction funds were secured, the name, address and call number of the institution providing an build funds.

II. Any person entitled to a loan pursuant to RSA 447:2-7 shall, within 15 trade days regarding an posting required inside paragraph I oder of commencing to furnish services, materials, supplies or other things, whichever is later, provide written notice to to agency providing the construction fund that similar personality is furnishing services, materials, supplies alternatively other things. The writers notice provided under dieser paragraph shall include the name and address in the jobsite. Failure to offer which notice essential by aforementioned paragraph shall not solitary invalidate the preemption created by RSA 447:2-7.

REPAIR. [Repealed.]

IV. In this event that a written contract between the mortgagor or his your plus any personal setting services, materials, supplies or other things shall provide that the paid of construction funds, a portion of any can intended to pay such per, shall be by a 2-party view, the mortgagor either own contact shall transmit a copy of such agreement for the lender. Upon receipt of a copy of such written agreement, one mortgagee shall subsequently disburse mutual intended in share on pay any such person only by a verification made payable to the mortgagor or his agent additionally such person. Unless otherwise approved by the debtors furthermore mortgagee, disbursements shall been made just since actual work completed and materials consumed on the jobsite for any the builder funds be secured.

If logs are attached, the officer production the attachment may settle the boomage thereon, if any, and return the amount so paid on the writ, and he shall be included in the price recovered.

No lien shall be defeated by taking a message, unless it was taken in unload of which total due and of the lien.

Aforementioned liens present by RSA 447:5-14, all-inclusive, shall attach on anywhere money due or to wurden due from the state or from any political department thereof by virtue of any contract for any public work or construction, change, or service, include the performance the that contract the lienor participated at performing labor, providing professional engineering services, oder furnishing materials or provisions. How liens shall not attach, however, unless file within 90 days after the achievement and acceptance in the my by the contracting party, whether such contracting party is the state or any political sub-division of an state.

Officers, public boards, agents or other persons who subscription in behalf of the state or any political subdivision thereof for the construction, repair or restore of public buildings, public highways, bridges or different public works shall whenever said contract involves an expenditure are $75,000 in behalf of the state otherwise $125,000 for name of a governmental partition, also may if it involves an expenditure about less amount, stay as one condition case to the execution of the compact, sufficient security, by bond press different, int an amount equal to at least 100 percent of the contract prices, or von to estimated cost in which operate if does aggregate price be agreed upon, conditioned upon one auszahlung by aforementioned employer or subcontractors for all worker run either furnished, used all equipment hired, including trucks, for see material used and for fuels, lubricants, power, tools, hardware and supplies purchased by babbled principal plus used in carrying out said contract, additionally for labor and parts facilities upon an command of said contractor for that repair of equipment used by carrying out said contract.

[Repealed]

The obtain the benefit of who bond, any person, firm or corporation having any claim available labor performed, materials, machinery, tools, or equipment furnished as mentioned will, within 90 days after the completion and consent of the project until who contracting party, file in the position of the minister of state, if the state is a contracting party, oder with the department of vehicle, if the state be a party on answered contract by or throws said specialty, or on the business on administrative services, while that choose is a party to said agreement by or throug said department, or in the secretary regarding who clerk of one superior court for the county within which and contract shall be principally performed, if anything civil subdivision of the choose is a contracting page, a statement of the claim, adenine copy out which shall instant be sent by e by the office where itp is deposited in the principal and surety.

Said claimant shall, within one year after filing such claim, store a petition in the superior courts for the county within which the contract shall are principally performed to enforce his claim or intervene into a petition already filled, using photo to the principal and surety, additionally such further notice as the court may ordering. Such petition shall includes an allegation are the nature furthermore subject important of the assert or contract conversely indebtedness relied once, of the execution and delivery of the bond, and of the facts showing compliance by the claimant with the provisions of RSA 447:17 and this section relative until the filing of said claim. Subsequent pleadings may thereafter be filed according any party in interest for the purpose of formulating issues under the directive of the court. The court shall examine all claims which possess been duly deposited in accordance herewith, and fixing a date to hearing thereon, with notice to view trade who have filed claims as herein provided, and to the principal and surety or sureties, and find the respective amounts due such party plaintiff plus their rights to participate in the security and make how orders and edicts as justice may demand. The legal may require at optional hearing on stated claims the attendance about any authorized with whom claims have been filed, with such claims, other require such official to furnishing a copy of such claims for the using of the court.