Pre-lien Notice / Notice to Owner

PRE-LIEN NOTICE / NOTICE TO OWNER

(Iowa Mechanics’ Lien – Owner-Occupied Residential Project)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions (Statutory Notice)
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution & Acknowledgments
11. Certificate of Service

1. DOCUMENT HEADER

This PRE-LIEN NOTICE (“Notice”) is delivered effective as of [EFFECTIVE DATE] (“Effective Date”) by [FULL LEGAL NAME OF CLAIMANT] (“Claimant”) to [FULL LEGAL NAME OF RECORD OWNER(S)] (“Owner”) with respect to the real property and improvement described below (the “Property”).

A. Consideration & Purpose. Claimant is furnishing or has furnished labor, material, and/or services for the improvement of the Property. Pursuant to Iowa Code §§ 572.13A–.13B (2023), Claimant delivers this Notice to preserve its statutory right to file and enforce a mechanics’ lien if payment is not timely received.

B. Jurisdiction. This Notice is governed exclusively by the mechanics’ lien laws of the State of Iowa.

2. DEFINITIONS

For purposes of this Notice, the following capitalized terms have the meanings set forth below (alphabetical order):

1. “Central Registry” means Iowa’s Mechanics’ Notice and Lien Registry established under Iowa Code § 572.13A(1).
2. “Date of First Furnishing” means the calendar date on which Claimant first supplied labor, material, and/or services to the Property as part of the Project.
3. “General Contractor” means [NAME]—the person or entity having a direct contractual relationship with Owner for the improvement.
4. “Project” means the improvement of the Property located at [PROPERTY ADDRESS AND LEGAL DESCRIPTION].
5. “Statutory Deadline” means (a) 10 days after commencement of work for a General Contractor (§ 572.13A(1)), or (b) 30 days after the Date of First Furnishing for a Subcontractor (§ 572.13B(1)).

3. OPERATIVE PROVISIONS (STATUTORY NOTICE)

3.1 Mandatory Disclosures. Claimant hereby provides the following information as required by Iowa Code §§ 572.13A–.13B:

a. Claimant Information
• Legal Name: [CLAIMANT NAME]
• Business Address: [ADDRESS]
• Phone / Email: [PHONE / EMAIL]

b. Owner Information
• Legal Name(s): [OWNER NAME]
• Mailing Address: [ADDRESS]

c. General Contractor (If Claimant ≠ General Contractor)
• Legal Name: [GENERAL CONTRACTOR NAME]
• Business Address: [ADDRESS]

d. Property Information
• Street Address: [ADDRESS]
• Legal Description: [INSERT OR ATTACH]
• County: [COUNTY]

e. Work Description
• General Nature of Labor/Materials: [DESCRIPTION]
• Date of First Furnishing: [MM/DD/YYYY]
• Anticipated Completion: [MM/DD/YYYY] (optional)

f. Contract Price / Estimated Value
• Total Contract Price or Estimated Value of Work: $[AMOUNT]

3.2 Statutory Statement.
“This is NOT a lien. This notice is given to preserve lien rights. Unless timely paid, the Claimant may file a mechanics’ lien pursuant to Iowa Code Chapter 572, which may encumber the real estate described above.”

3.3 Filing With Central Registry. Claimant [HAS FILED / WILL FILE] this Notice with the Central Registry as required by Iowa Code §§ 572.13A–.13B on or before the applicable Statutory Deadline.

3.4 Service on Owner. Concurrently with filing (or, if not required to file, within the Statutory Deadline), Claimant will serve this Notice upon Owner by one or more of the methods permitted under Iowa Code § 572.13B(2)(b):

• Certified U.S. Mail, return-receipt requested;
• Personal delivery;
• Posting this Notice on the front door of the dwelling if personal service cannot be made; or
• Electronic transmission via the Central Registry, if the Owner has opted in.

4. REPRESENTATIONS & WARRANTIES

4.1 Claimant’s Authority. Claimant represents that it is duly licensed (if applicable), authorized to transact business in Iowa, and has full power to furnish the Work.

4.2 Accuracy. Claimant warrants that, to the best of its knowledge after reasonable inquiry, the information contained in this Notice is true, correct, and complete as of the Effective Date.

4.3 Survival. The representations and warranties in this Section survive delivery of the Notice.

5. COVENANTS & RESTRICTIONS

5.1 Compliance Covenant. Claimant covenants to comply with all applicable federal, state, and local laws, including Iowa Code Chapter 572 and Iowa Occupational Safety and Health regulations.

5.2 Notice of Changes. Claimant shall provide Owner with written notice of any material change to the information herein within five (5) business days after such change.

6. DEFAULT & REMEDIES

6.1 Events of Default. Failure of Owner to remit payment in accordance with the underlying contract, or failure of Claimant to comply with statutory requirements, constitutes an Event of Default.

6.2 Remedies.
a. Upon Owner default, Claimant may (i) file a mechanics’ lien pursuant to Iowa Code § 572.8, and (ii) initiate foreclosure proceedings in the Iowa District Court having venue over the Property.
b. Upon Claimant default, Owner may raise statutory defenses to any subsequently filed mechanics’ lien.

6.3 Attorney Fees & Costs. The prevailing party in any lien foreclosure action is entitled to recover its reasonable attorney fees and court costs, subject to Iowa Code § 572.32.

7. RISK ALLOCATION

7.1 Limitation of Liability. Claimant’s liability to Owner for damages arising out of any inaccurate or invalid Notice (other than willful misconduct or fraud) is capped at the lesser of (i) the unpaid balance of the Work actually performed by Claimant, or (ii) the amount set forth in Section 3.1(f).

7.2 Insurance. Claimant maintains at least the following insurance coverages: (a) Commercial General Liability – $[LIMIT]; (b) Workers’ Compensation – statutory limits. Certificates available upon request.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Notice and any dispute arising hereunder are governed by the laws of the State of Iowa, without regard to conflict-of-law principles.

8.2 Venue & Forum Selection. The parties consent to exclusive jurisdiction in the Iowa state court situated in the county where the Property is located.

8.3 Injunctive Relief. Nothing herein limits Claimant’s right to seek injunctive or equitable relief, including but not limited to lien foreclosure or an order compelling sale of the Property.

9. GENERAL PROVISIONS

9.1 Amendments; Waiver. Any amendment or waiver of this Notice shall be in writing and signed by Claimant. No waiver of any provision constitutes a waiver of any other or subsequent breach.

9.2 Assignment. Claimant may not assign this Notice or any lien rights arising hereunder without Owner’s prior written consent, except as security for financing.

9.3 Severability. If any provision of this Notice is determined invalid, the remaining provisions remain in full force and effect and will be reformed to the minimum extent necessary to comply with applicable law.

9.4 Entire Agreement. This Notice, together with any filings uploaded to the Central Registry, constitutes the entire notice required by Iowa Code Chapter 572 and supersedes all prior oral or written communications related thereto.

9.5 Counterparts; Electronic Signatures. This Notice may be executed in counterparts, each of which is deemed an original, and may be executed and transmitted electronically (e.g., PDF or DocuSign®), which shall be deemed an original for all purposes.

10. EXECUTION & ACKNOWLEDGMENTS

IN WITNESS WHEREOF, the undersigned Claimant has executed and delivered this Notice as of the Effective Date.

[OPTIONAL – NOTARIZATION (if required by lender or title company)]

State of Iowa )
County of ______) ss:

On this ___ day of __________, 20__, before me, a Notary Public in and for said State, personally appeared ____________________, to me personally known, who being by me duly sworn did say that he/she is the [TITLE] of [CLAIMANT NAME], and that the foregoing instrument was signed on behalf of said entity by authority of its [board/partners/managers], and that he/she acknowledged the execution of the same to be the voluntary act and deed of said entity.

____________________________________
Notary Public in and for the State of Iowa
My commission expires: ___________________

11. CERTIFICATE OF SERVICE

I, ___________________________________, certify under penalty of perjury that on the ___ day of __________, 20__, I served the foregoing Pre-Lien Notice upon the Owner identified above by:

☐ Certified U.S. Mail, return-receipt requested, tracking # _________________
☐ Personal delivery at ________________________________ (address)
☐ Posting in a conspicuous location on the dwelling (after diligent attempts at personal service)
☐ Electronic service via the Central Registry

____________________________________
Signature of Server

Statutory References (Bluebook format):
Iowa Code §§ 572.13A–.13B, 572.32 (2023).