NEW HAMPSHIRE NOTICE OF CLAIM OF LIEN

(Preliminary Notice for Subcontractors - RSA 447:5-7)

Pursuant to New Hampshire Revised Statutes Annotated Chapter 447

IMPORTANT NOTICE

THIS IS NOT A LIEN. Under New Hampshire law, subcontractors (those who contract with someone other than the property owner) must provide written notice to the owner BEFORE performing labor or furnishing materials in order to claim the same lien rights as a general contractor.

NOTE: General contractors in direct contract with the owner are NOT required to send preliminary notice.

IMPORTANT: Notice may be given AFTER work is performed, but the lien is then limited to the amount due or that may become due to the contractor/agent/subcontractor at that time.

CLAIMANT TYPE

☐ CONTRACTOR (direct contract with owner) - No preliminary notice required
☐ SUBCONTRACTOR (contract with contractor, agent, or subcontractor of owner) - Notice required BEFORE performing labor/furnishing materials (preferred) OR after (with limitations)

NOTICE TIMING

Date of This Notice: _________________________________

Notice Timing:
☐ This notice is being given BEFORE performing labor or furnishing materials (RECOMMENDED)
☐ This notice is being given AFTER labor performed or materials furnished (lien limited to amount then due)

Date Labor/Materials First Furnished (if applicable): _________________________________

SECTION 1: PROPERTY OWNER INFORMATION

Name of Property Owner: _________________________________

OR

Name of Person Having Charge of Property: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: NH ZIP: _________

SECTION 2: PROPERTY INFORMATION

Property Street Address:
_________________________________
_________________________________
City: _________________ County: _________________ ZIP: _________

Legal Description of Property:
_________________________________
_________________________________
_________________________________

SECTION 3: CLAIMANT INFORMATION

Claimant Name: _________________________________

Claimant Business Name (if different): _________________________________

Claimant Address:
_________________________________
_________________________________
City: _________________ State: _____ ZIP: _________

Phone: _________________________ Email: _________________________

Claimant Classification:
☐ Subcontractor
☐ Material Supplier
☐ Sub-subcontractor
☐ Design Professional (Architect/Engineer)
☐ Laborer
☐ Other: _________________________________

SECTION 4: CONTRACTING PARTY INFORMATION

Name of Agent, Contractor, or Subcontractor Who Hired Claimant:
_________________________________

Address:
_________________________________
_________________________________
City: _________________ State: _____ ZIP: _________

SECTION 5: DESCRIPTION OF WORK OR MATERIALS

General Description of Labor to be Performed or Materials to be Furnished:
_________________________________
_________________________________
_________________________________
_________________________________

Estimated Value of Labor/Materials: $__________________

SECTION 6: NOTICE OF CLAIM OF LIEN (RSA 447:5)

NOTICE TO PROPERTY OWNER

You are hereby notified that the undersigned will furnish or is furnishing labor, professional design services, and/or materials for improvements to your property located at:

_________________________________

The undersigned is performing this work pursuant to a contract with:

_________________________________

Under New Hampshire law (RSA Chapter 447), the undersigned hereby claims a lien on your property for the value of labor performed, professional design services provided, or materials furnished.

CLAIM AMOUNT: $__________________ (or value to be determined)

This notice is given in compliance with RSA 447:5-7.

SECTION 7: 30-DAY ACCOUNT REQUIREMENT (RSA 447:8)

IMPORTANT: Under RSA 447:8, any person giving this notice must, as often as once in 30 days, furnish to the owner or person having charge of the property an account in writing of the labor performed, professional design services provided, or materials furnished during the 30 days.

☐ Claimant acknowledges the 30-day account requirement and agrees to comply.

SECTION 8: SIGNATURE

Signature: _________________________________ Date: _________________

Printed Name: _________________________________

Title: _________________________________

SECTION 9: PROOF OF SERVICE

Service on Property Owner

Method of Service:
☐ Personal delivery
☐ Certified mail, return receipt requested
☐ First-class mail

Date Served/Mailed: _________________________________

Person Served (if personal delivery): _________________________________

Tracking Number (if certified mail): _________________________________

SECTION 10: NOTICE TO CONSTRUCTION LENDER (RSA 447:12-a)

If Construction Mortgage Exists

Within 10 business days of execution of construction mortgage, mortgagor must post on jobsite:
- Name, address, and telephone number of lending institution

Claimant Notice to Lender (Within 15 business days of posting or commencing to furnish - whichever is later):

☐ Notice provided to construction lender

Lender Name: _________________________________

Lender Address:
_________________________________
_________________________________

Date Notice Sent: _________________________________

NOTE: Failure to provide this notice does NOT alone invalidate the lien under RSA 447:2-7.

NEW HAMPSHIRE MECHANICS LIEN - LEGAL REQUIREMENTS SUMMARY

NOTICE REQUIREMENTS

KEY DEADLINES

NOTICE CONTENT REQUIREMENTS (RSA 447:5)

The notice must:
- Be in writing
- State that claimant will claim a lien
- Be given before performing labor or furnishing materials (for full protection)

MINIMUM CLAIM AMOUNT

Lien rights exist for claims of $15 or more (RSA 447:5).

30-DAY ACCOUNT REQUIREMENT (RSA 447:8)

After giving preliminary notice, claimant must furnish to owner/person in charge:
- Written account of labor/materials furnished during each 30-day period
- Owner/person in charge must retain sufficient funds to pay such claims

LIEN PRIORITY (RSA 447:7)

The relative priority of mechanics liens is established:
1. In order of their accrual
2. If accruing simultaneously, in order of attachments made to secure them

PERFECTING THE LIEN

In New Hampshire, a lien is perfected by obtaining an "attachment" through the court system, NOT by recording a "notice of contract" as in some other states.

LIEN DURATION

The lien continues for 120 days after services performed or materials furnished, unless payment is made, and takes precedence over all prior claims except liens on account of taxes.

IMPORTANT DISCLAIMERS

This form is provided for informational purposes only and does not constitute legal advice. New Hampshire mechanics lien law has unique requirements, including court attachment for perfection. Consult with a New Hampshire-licensed attorney to ensure compliance with all statutory requirements.

VERIFICATION: Ensure all information is accurate. Timing of notice is critical for subcontractors.

New Hampshire Notice of Claim of Lien Template - Version 2026.01
Based on New Hampshire Revised Statutes Annotated Chapter 447