Mechanic's Lien Deadlines & Notice Requirements in New Hampshire
At a glance
| Governing law | RSA ch. 447, especially §§ 447:5-12-b, governs private building liens; attachment secures the lien under § 447:10. |
|---|---|
| Who can claim a lien | Owner-contract claimants furnishing labor, professional design services, or $15 or more of material (§ 447:2); intermediated claimants under an agent, contractor, or subcontractor subject to notice (§ 447:5). |
| Preliminary notice | For an intermediated claimant, give written owner notice before work or materials (§ 447:5); later notice limits the lien to sums then or later due to the intermediary (§ 447:6). Supply a written account as often as every 30 days (§ 447:8); § 447:12-b adds construction-lender notice within 15 business days after the later of posting or starting to furnish. |
| Deadline to file the lien | No separate lien-recording step in §§ 447:2-10; the lien continues for 120 days after services or materials are furnished and may be secured by attachment while it continues (§§ 447:9-10). |
| Notice of completion effect | Section 447:9 measures the 120-day duration from performance or furnishing; Chapter 447 supplies no owner-recorded completion-notice trigger. |
| Serving the lien on the owner | Intermediated claimants give the written notice under §§ 447:5-6 and periodic accounts under § 447:8; § 447:12-b adds construction-lender notice, and the chapter prescribes attachment, not service of a recorded lien (§ 447:10). |
| Deadline to sue to foreclose | Secure the lien by attachment while it continues, generally within 120 days after services or materials are furnished (§§ 447:9-10); § 447:11 and § 447:12-a address attachment priority. |
| Homestead/residential extras | Section 447:2 expressly covers a house or other building; Chapter 447 states no separate homestead filing or notice period for this lien. |
Requirements one by one
Who can claim and give notice
Section 447:2(I) gives a lien for qualifying labor, professional design services, and material of at least $15 under a contract with the owner. Subsection II identifies the covered licensed or certified design professions. A person working by contract with the owner's agent, contractor, or subcontractor may claim the same lien by giving the owner or person in charge written notice before furnishing (§ 447:5). Section 447:6 permits later notice, but then limits the lien to amounts then due or later becoming due to the intermediary. A notice-giver must also furnish a written account as often as every 30 days (§ 447:8).
Construction-mortgage lender notice
If a construction mortgage funds the project, § 447:12-b(I) requires the mortgagor or agent to post the lender’s contact details at the jobsite within 10 business days of the mortgage. Under subsection II, a lien claimant must notify that lender in writing within 15 business days after the later of the posting or commencement of furnishing. The notice names the jobsite; failure to give it does not alone invalidate the lien.
Duration and attachment
The lien under §§ 447:2-7 continues for 120 days after services are performed or materials furnished, unless paid sooner (§ 447:9). While it continues, it may be secured by attachment of the property, with the writ and return stating that purpose (§ 447:10). Those sections provide no separate lien-statement recording step or owner-recorded completion-notice trigger.
Attachment priority
Section 447:11 gives an attachment priority over later lien claims, subject to its existing-contract and property-preservation exceptions. Section 447:12-a gives qualified priority over a construction mortgage, with exceptions for specified loan disbursements and affidavits.
Residential property
The building lien in § 447:2 expressly includes a house. The cited chapter does not prescribe a separate residential notice or attachment period. It also covers different claims, including vessel liens in § 447:1 and bond petitions in § 447:18, outside this private building-lien question.
What trips people up
For a claimant working through an intermediary, notice before furnishing under § 447:5 and later notice under § 447:6 protect different amounts. The account duty in § 447:8 continues as often as every 30 days after notice. The 120-day duration in § 447:9 is a window for securing the lien by attachment under § 447:10, rather than a deadline to record a conventional lien statement.
Common questions
Can I give the owner notice after finishing work? Section 447:6 permits later notice, but limits the lien to sums then or later due to the contractor, agent, or subcontractor.
Do I file a lien statement in the land records? Chapter 447 instead describes a lien arising from qualifying work and its preservation through attachment while the lien continues (§§ 447:2, :9-:10).
Statutes and sources
- RSA 447:1 and RSA 447:18 (other chapter claims): https://gc.nh.gov/rsa/html/XLI/447/447-mrg.htm (accessed 2026-10-06)
- RSA 447:2 (building lien): https://gc.nh.gov/rsa/html/XLI/447/447-2.htm (accessed 2026-10-06)
- RSA 447:5 (intermediated claimant notice): https://gc.nh.gov/rsa/html/XLI/447/447-5.htm (accessed 2026-10-06)
- RSA 447:6 (later notice): https://gc.nh.gov/rsa/html/XLI/447/447-6.htm (accessed 2026-10-06)
- RSA 447:8 (accounts): https://gc.nh.gov/rsa/html/XLI/447/447-8.htm (accessed 2026-10-06)
- RSA 447:9 (lien duration): https://gc.nh.gov/rsa/html/XLI/447/447-9.htm (accessed 2026-10-06)
- RSA 447:10 (attachment): https://gc.nh.gov/rsa/html/XLI/447/447-mrg.htm (accessed 2026-10-06)
- RSA 447:11 (later liens): https://gc.nh.gov/rsa/html/XLI/447/447-11.htm (accessed 2026-10-06)
- RSA 447:12-a (mortgage priority): https://gc.nh.gov/rsa/html/XLI/447/447-12-a.htm (accessed 2026-10-06)
- RSA 447:12-b (construction-mortgage lender notice): https://gc.nh.gov/rsa/html/XLI/447/447-12-b.htm (accessed 2026-10-06)
Source links
Every statute quoted above, linked, with the date we checked it.
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