PRE-LIEN NOTICE / NOTICE TO OWNER

(New Hampshire Mechanics’ Lien Law – N.H. Rev. Stat. Ann. ch. 447)

[// GUIDANCE: This template is drafted to preserve a potential lien claimant’s rights under New Hampshire’s mechanic’s-lien statute. It should be customized, reviewed for statutory compliance at the time of use, and served in strict conformity with RSA ch. 447 and any applicable contractual notice provisions.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title. PRE-LIEN NOTICE / NOTICE TO OWNER.
2. Effective Date. [DATE]
3. Claimant. [FULL LEGAL NAME], a [STATE] [ENTITY TYPE], with its principal place of business at [ADDRESS] (“Claimant”).
4. Owner. [FULL LEGAL NAME(S)] with an address at [ADDRESS] (“Owner”).
5. Prime Contractor (if not Claimant). [FULL LEGAL NAME] (“Prime Contractor”).
6. Project. [PROJECT NAME / DESCRIPTION] located at [STREET ADDRESS, CITY/TOWN, COUNTY, STATE OF NH] and legally described in Exhibit A attached hereto (“Property”).

Recitals.
A. Claimant has furnished labor, materials, equipment and/or professional services (“Work”) for improvement of the Property pursuant to (i) a written contract dated [DATE] between Claimant and [CONTRACTING PARTY] (the “Subcontract”) and (ii) the principal construction contract dated [DATE] between Owner and Prime Contractor (the “Prime Contract”).
B. Pursuant to N.H. Rev. Stat. Ann. ch. 447, Claimant is entitled to a mechanic’s lien on the Property to secure payment for the Work.
C. To perfect and preserve such lien rights, Claimant is required to provide written notice to Owner within the statutory time limits.

NOW, THEREFORE, Claimant hereby gives this Pre-Lien Notice / Notice to Owner as follows:

II. DEFINITIONS

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

“Claim Amount” – The unpaid contract balance owed to Claimant for the Work, currently $[AMOUNT], exclusive of interest, costs, and statutory attorney fees.

“Date of Last Furnishing” – The last date on which Claimant furnished any portion of the Work, being [DATE].

“Lien Enforcement Action” – Any judicial proceeding, attachment, or other statutory process instituted by Claimant to perfect, enforce, or foreclose its mechanic’s lien.

“Notice” – This Pre-Lien Notice / Notice to Owner, including all exhibits, schedules, and any amendments hereto.

III. OPERATIVE PROVISIONS

1. Notice of Unpaid Balance. Claimant hereby gives formal notice that the Claim Amount remains due and unpaid in connection with the Work performed on the Property.

2. Reservation of Statutory Lien Rights.
   a. Claimant expressly reserves all rights to claim, perfect, and enforce a mechanic’s lien under N.H. Rev. Stat. Ann. ch. 447.
   b. Nothing in this Notice shall be deemed a waiver, satisfaction, or release of any such rights.

3. Timing Compliance. This Notice is given within the time period prescribed by RSA ch. 447, namely on or before the [120th] day following the Date of Last Furnishing. [// GUIDANCE: Confirm the applicable statutory deadline for the specific role of the Claimant (e.g., subcontractor vs. general contractor) before serving.]

4. Service of Notice. A true and attested copy of this Notice shall be served on Owner (and, where required, on Prime Contractor and any known Surety) by one or more of the following statutorily-recognized methods:
   a. Personal delivery by sheriff, deputy sheriff, or constable;
   b. Certified mail, return-receipt requested; or
   c. Any other method permitted under RSA ch. 447 or by written agreement of the parties.

5. Demand for Payment. Claimant hereby demands immediate payment in the full Claim Amount. If full payment is not received within ten (10) days after service of this Notice, Claimant may commence a Lien Enforcement Action without further notice.

6. Costs and Interest. Claimant intends to seek all allowable interest, costs, and statutory attorney fees incident to any Lien Enforcement Action.

IV. REPRESENTATIONS & WARRANTIES

1. Authority. Claimant represents that it is duly authorized to issue this Notice.
2. Accuracy. Claimant warrants, to the best of its knowledge and belief after reasonable inquiry, that the facts stated herein are true, accurate, and complete.
3. Continuing Duty. Claimant agrees to supplement or amend this Notice promptly if it discovers any material inaccuracies.

V. COVENANTS & RESTRICTIONS

1. Duty to Mitigate. Owner and Prime Contractor covenant to take commercially reasonable steps to resolve the amounts claimed herein and to mitigate further costs.
2. Preservation of Evidence. All parties shall preserve project records relevant to the Work and payment therefor.

VI. DEFAULT & REMEDIES

1. Events of Default. The failure of Owner (or Prime Contractor, if applicable) to remit the Claim Amount within the ten-day demand period shall constitute a default.
2. Remedies. Upon default, Claimant may:
   a. Record and/or file a verified statement of lien and seek attachment of the Property;
   b. Initiate a civil action in the appropriate New Hampshire Superior Court to foreclose the lien and recover the Claim Amount, together with interest, costs, and attorney fees; and
   c. Pursue any other rights or remedies available at law or in equity.

VII. RISK ALLOCATION

1. Limitation of Liability. Claimant’s total recovery under any future Lien Enforcement Action shall not exceed the reasonable value of the Work actually performed and incorporated into the Property, plus statutory interest and costs.
2. No Indemnification. This Notice does not create or imply any indemnification obligations among the parties.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Notice and any subsequent Lien Enforcement Action shall be governed by the laws of the State of New Hampshire.
2. Forum Selection. Venue shall lie exclusively in the state courts sitting in the county where the Property is located.
3. Arbitration. Not applicable.
4. Injunctive Relief. Claimant reserves the right to seek attachment, injunction, or other provisional remedies authorized by RSA ch. 447 or other applicable law.

IX. GENERAL PROVISIONS

1. Entire Notice. This document constitutes the entire notice required under RSA ch. 447 with respect to the Claim Amount and supersedes any prior oral or written communications relating thereto.
2. Amendments. This Notice may be amended only by a written instrument executed by Claimant.
3. Severability. If any provision of this Notice is held unenforceable, the remaining provisions shall remain in full force and effect.
4. Counterparts & Electronic Signatures. This Notice may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) shall be deemed original for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, Claimant has executed this Pre-Lien Notice / Notice to Owner as of the Effective Date first above written.

CLAIMANT:
[LEGAL NAME OF CLAIMANT]

By: _____
Name: [AUTHORIZED SIGNATORY]
Title: [TITLE]
Date: ______

[// GUIDANCE: Attach notary acknowledgment if required by local recording office or as a best practice for authentication.]

EXHIBIT A

Legal Description of Property

[INSERT COMPLETE AND ACCURATE LEGAL DESCRIPTION OR DEED REFERENCE]

[// GUIDANCE:
1. Timing – Verify that the Date of Last Furnishing and service of this Notice fall within the statutory window applicable to the claimant’s tier (e.g., subcontractor must generally serve within 120 days of last furnishing).
2. Service – Maintain written proof of service (sheriff’s return, USPS green card, etc.).
3. Supplement – If additional amounts become due, serve a supplemental notice before filing the verified lien statement.
4. Recording – This Notice itself is typically not recorded, but the subsequent verified lien statement must be filed with the clerk of the superior court under RSA 447:10 within the statutory deadline.
5. Legal Review – Always obtain jurisdiction-specific legal advice prior to use; statutes may be amended and local court practices vary.]