Mechanics Lien Claim - New Hampshire

MECHANICS LIEN CLAIM

State of New Hampshire

County of [________________________________]

IMPORTANT NOTICE — NEW HAMPSHIRE LIEN PROCEDURE

New Hampshire uses a unique mechanics lien system. Unlike most states, New Hampshire does NOT require recording a lien claim with a county recorder. Instead, the lien arises automatically under RSA 447:2 and continues for 120 days after services are performed or materials furnished. To preserve the lien beyond 120 days, the claimant must bring suit and obtain a prejudgment attachment of the property under RSA 447:10 within the 120-day period. Subcontractors and suppliers must provide advance written notice to the owner under RSA 447:5 BEFORE performing work or furnishing materials.

I. CLAIMANT INFORMATION

Full Legal Name of Claimant: [________________________________]

Claimant Entity Type:

☐ Individual / Sole Proprietor
☐ Corporation
☐ Limited Liability Company (LLC)
☐ Partnership
☐ Joint Venture
☐ Other: [________________________________]

Claimant Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: NH ZIP: [____]

Claimant Phone: [________________________________]

Claimant Email: [________________________________]

New Hampshire Contractor License (if applicable): [________________________________]

Claimant's Role in the Project:

☐ General / Prime Contractor (direct contract with Owner)
☐ Subcontractor
☐ Sub-subcontractor
☐ Material Supplier
☐ Equipment Supplier
☐ Laborer
☐ Design Professional (Architect / Engineer)
☐ Professional Land Surveyor
☐ Other: [________________________________]

II. PROPERTY OWNER INFORMATION

Full Legal Name of Property Owner: [________________________________]

Owner Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

Owner Phone (if known): [________________________________]

Owner Email (if known): [________________________________]

Person Having Charge of the Property (if different from Owner): [________________________________]

III. GENERAL CONTRACTOR INFORMATION

(If Claimant is not the General Contractor)

General Contractor Name: [________________________________]

General Contractor Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

IV. HIRING PARTY INFORMATION

(Complete if the Claimant's contract is not directly with the Owner)

Name of Person/Entity Who Hired Claimant: [________________________________]

Hiring Party's Relationship to Owner:

☐ General Contractor
☐ Subcontractor
☐ Agent of Owner
☐ Other: [________________________________]

Hiring Party Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

V. PROPERTY DESCRIPTION

Property Street Address:

[________________________________]
[________________________________]
City/Town: [________________________________], New Hampshire [____]

County: [________________________________], New Hampshire

Legal Description of Property:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Attach Exhibit A for full legal description if additional space is needed)

☐ Exhibit A — Legal Description is attached hereto and incorporated by reference.

Tax Map / Lot Number: [________________________________]

Registry of Deeds — Book and Page Reference: Book [____], Page [____]

VI. CLAIM OF LIEN

A. Statutory Basis

Pursuant to RSA 447:2, any person who performs labor, provides professional design services, or furnishes materials, machinery, or supplies amounting to $15 or more for the erection, alteration, or repair of a building or other structure, by virtue of a contract with the owner or the owner's agent, shall have a lien on such building or structure and on any interest the owner has in the land.

B. Nature of Work Performed / Materials Furnished

Type of Improvement:

☐ New Construction (erection of building or structure)
☐ Alteration / Renovation
☐ Repair
☐ Other: [________________________________]

Description of Labor Performed and/or Materials Furnished:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. Contract Information

Type of Contract:

☐ Written Contract
☐ Oral Contract
☐ Implied Contract

Original Contract Price: $[________________________________]

Approved Change Orders: $[________________________________]

Total Adjusted Contract Amount: $[________________________________]

VII. DATES OF WORK / FURNISHING

Date Claimant First Performed Services or Furnished Materials: [__/__/____]

Date Claimant Last Performed Services or Furnished Materials: [__/__/____]

VIII. AMOUNT CLAIMED

Total Contract Amount (including change orders): $[________________________________]

Total Payments Received to Date: $[________________________________]

Credits and Offsets Applied: $[________________________________]

Retainage Withheld: $[________________________________]

TOTAL AMOUNT OF LIEN CLAIMED: $[________________________________]

IX. PRE-LIEN NOTICE COMPLIANCE

A. Advance Notice to Owner — Subcontractors and Suppliers (RSA 447:5)

This is a critical requirement. Under RSA 447:5, any person who performs labor or furnishes materials by virtue of a contract with a contractor or subcontractor (rather than the owner directly) must give written notice to the owner or person having charge of the property BEFORE performing the labor or furnishing the materials for which the lien is claimed.

☐ Claimant is in direct contract with the Owner — advance notice under RSA 447:5 is not required
☐ Advance written notice to Owner was provided under RSA 447:5

• Date Notice Given: [__/__/____]
• Method of Delivery: ☐ Personal delivery ☐ Certified mail ☐ Other: [________________________________]
• Notice Given To: ☐ Owner ☐ Person Having Charge of Property

☐ Advance notice was NOT given (WARNING: Failure to give advance notice before work/materials are furnished will defeat lien rights for that work/materials under RSA 447:5)

B. Periodic Statements of Account (RSA 447:7)

Under RSA 447:7, any person claiming a lien under RSA 447:5 (subcontractors/suppliers) shall, at least once every 30 days, furnish to the owner or person having charge of the property a written account of the labor performed, professional design services provided, or materials furnished during the preceding 30 days.

☐ Periodic statements of account have been provided as required

• Dates of Statements: [________________________________]
  ☐ Periodic statements were NOT provided (Consult attorney — this may affect lien rights)
  ☐ Not applicable — Claimant has direct contract with Owner

X. LIEN DURATION AND ENFORCEMENT

A. 120-Day Lien Period (RSA 447:9)

The lien created under RSA 447:2 continues for 120 days after the services are performed or materials are furnished. This is an automatic lien — no recording is required.

B. Securing the Lien by Attachment (RSA 447:10)

To preserve the lien beyond the 120-day period, the claimant must bring suit and secure a prejudgment attachment of the property within the 120-day period. The writ of attachment must:

1. State the purpose for which the attachment is brought
2. Describe the property to be attached with reasonable accuracy and specificity
3. Direct the officer to attach that specific property

☐ Claimant intends to bring suit and seek attachment within the 120-day period
☐ Suit has been filed — Court: [________________________________], Case No.: [________________________________]
☐ Attachment has been obtained — Date: [__/__/____]

XI. VERIFICATION

I, [________________________________], being duly sworn, depose and state that I am the Claimant named above (or the [________________________________] of the Claimant entity), that I have read the foregoing Mechanics Lien Claim and know the contents thereof, and that the same is true and correct to the best of my knowledge and belief, and that the amount claimed, $[________________________________], is justly due and owing after deducting all just credits and offsets.

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

XII. NOTARY ACKNOWLEDGMENT

State of New Hampshire
County of [________________________________]

Subscribed and sworn to before me this [____] day of [________________], 20[____], by [________________________________], who is personally known to me or who has produced [________________________________] as identification.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

XIII. CRITICAL DEADLINES TABLE

XIV. LIEN RELEASE AND BONDING PROVISIONS

A. Release / Dissolution of Lien

Upon full payment of the amount claimed, Claimant shall execute a Release of Lien. Under RSA 447:12-b, a lienholder must discharge the lien within a reasonable time after the debt is satisfied.

B. Dissolution by Bond

Under RSA 447:12-b, any person having an interest in the property may petition the court to order dissolution of the lien upon posting a bond or other security sufficient to secure the claim.

C. Priority

Under RSA 447:2, mechanics liens created under this chapter take precedence over all prior claims except liens on account of taxes. This broad priority is a significant feature of New Hampshire lien law.

XV. ADDITIONAL NOTICES AND DISCLOSURES

1. No Recording Required: New Hampshire mechanics liens are NOT recorded with a Registry of Deeds. The lien arises by operation of law and is preserved through court attachment.
2. Strict Compliance Required: New Hampshire courts strictly enforce the notice and timing requirements of RSA 447. Failure to give advance notice (for subcontractors) or failure to secure attachment within 120 days will result in loss of lien rights.
3. Minimum Amount: The value of labor or materials must be $15 or more (RSA 447:5).
4. Priority Over Prior Liens: Unlike most states, New Hampshire mechanics liens take priority over prior recorded liens except tax liens (RSA 447:2).
5. Owner-Occupied Residential Property: Additional considerations may apply; consult legal counsel.

PROCEDURE SUMMARY

1. Before Work Begins (Subcontractors/Suppliers): Give written notice to the owner or person in charge of the property under RSA 447:5
2. During Work: Provide written statements of account to the owner every 30 days under RSA 447:7
3. After Last Furnishing: The lien automatically exists for 120 days
4. Within 120 Days of Last Furnishing: Bring suit and secure prejudgment attachment of the property to preserve the lien
5. Prosecute to Judgment: Pursue the enforcement action diligently
6. Consult an Attorney: Due to the unique attachment-based procedure, legal counsel is essential

SOURCES AND REFERENCES

• New Hampshire RSA Chapter 447 — Liens for Labor and Materials
• RSA 447:2 — Lien for Labor and Materials
• RSA 447:3 — Lien on Buildings
• RSA 447:5 — Subcontractors' Liens (advance notice requirement)
• RSA 447:7 — Written Statement of Account
• RSA 447:9 — Duration of Lien (120 days)
• RSA 447:10 — Lien Secured by Attachment
• RSA 447:12-b — Dissolution of Lien
• NH General Court: https://gc.nh.gov/rsa/html/XLI/447/447-mrg.htm
• NH Judicial Branch: https://www.courts.nh.gov