Stop-Notice - New Hampshire

SUBCONTRACTOR NOTICE OF LIEN CLAIM AND 30-DAY ACCOUNT

Owner-retention request under N.H. RSA 447:5-8

This document replaces a generic “stop notice” demand with the notice-and-account mechanism New Hampshire actually provides for a qualifying private project. It is directed to the owner or person having charge of the property, not automatically to a construction lender.

This document does not itself attach the property, commence a lawsuit, establish the final amount due, create a three-day cure period, require a release bond, or authorize an injunction. Under RSA 447:9-10, counsel must secure the lien by attachment while the lien continues.

1. Applicability and deadline check

Project type:

☐ Private project — continue

☐ State or political-subdivision public work — stop; use the separate RSA 447:15-18 claim and bond process

Claimant's contract:

☐ With an agent, contractor, or subcontractor of the owner — RSA 447:5-8 may apply

☐ Directly with the owner — obtain counsel's direction; RSA 447:2 supplies a different direct-contract lien basis

☐ Other or uncertain — stop and obtain counsel review

Claimant furnished:

☐ Labor

☐ Professional design services within RSA 447:2

☐ Materials

☐ Other item counsel confirms is covered: [________________________________]

Value furnished: $[________________________________]

☐ Counsel confirmed the value and work fall within RSA 447:2-5

Notice timing selected:

☐ Before-work notice under RSA 447:5. Claimant gives written notice that it will claim a lien before performing the labor or furnishing the material covered by the notice.

☐ After-work notice under RSA 447:6. Claimant understands the lien is valid only to the extent of the amount then due or later becoming due to the contractor, agent, or subcontractor of the owner.

☐ 30-day account under RSA 447:8. Claimant previously gave notice and now provides an account for labor, design services, or materials furnished during the stated 30-day period. RSA 447:8 permits an account as often as once in 30 days.

Last date services or materials were furnished: [__/__/____]

Counsel-calculated last day of the RSA 447:9 lien period: [__/__/____]

2. Parties and project

Claimant

Recipient

☐ Record owner

☐ Person having charge of the property

Contract chain

Property and improvement

3. Notice of lien claim

Date: [__/__/____]

To the Owner or Person Having Charge of the Property:

Claimant gives written notice that it [shall claim / claims] a lien under N.H. RSA 447:5-10 for qualifying labor, professional design services, or materials furnished for the improvement identified above by virtue of Claimant's contract with [CLAIMANT'S CUSTOMER].

If this notice is given after work or furnishing began, Claimant acknowledges RSA 447:6 limits the lien to the extent of the amount then due or later becoming due to the contractor, agent, or subcontractor of the owner.

Amount claimed through [__/__/____]: $[________________________________]

Less payments and credits: $[________________________________]

Current unpaid balance: $[________________________________]

The amount is based on the attached account and remains subject to correction for payments, credits, disputed work, retainage, change orders, and other supported adjustments.

4. RSA 447:8 account

Account period: [__/__/____] through [__/__/____]

Account-period total: $[________________________________]

Total unpaid claim after all credits: $[________________________________]

Supporting invoices, delivery records, time records, design records, change orders, and payment history are attached as Exhibit [____].

5. Owner retention under RSA 447:8

RSA 447:8 states that a person who received the qualifying notice and account shall retain a sufficient sum to pay the claim and is not liable to the agent, contractor, or subcontractor for that retained sum unless that party first pays the claimant.

Claimant therefore requests that the Owner or Person Having Charge:

☐ Identify the amount currently due or later becoming due to Claimant's customer in the contract chain

☐ Retain a sufficient sum as directed by RSA 447:8, limited to the amount supported by this notice and account

☐ Notify Claimant promptly of any asserted payment, setoff, contract-chain issue, or contention that no sum is due

☐ Direct communications to Claimant or counsel at: [________________________________]

This request does not assert a statutory duty against a construction lender and does not enlarge the amount or parties reached by RSA 447:5-8.

6. Separate construction-lender notice, if applicable

Do not send the owner-retention demand above to a lender as though RSA 447:8 applied to the lender. RSA 447:12-b creates a different notice concerning construction funds.

Complete this section only if counsel confirms a construction mortgage and lender notice are relevant:

Notice to construction lender: Claimant gives written notice under RSA 447:12-b that Claimant is furnishing services, materials, supplies, or other covered items at the project located at [PROJECT ADDRESS].

Failure to give the RSA 447:12-b notice does not alone invalidate a lien under RSA 447:2-7. This lender notice is not an instruction to freeze all loan proceeds.

7. Preservation warning

Under RSA 447:9, the lien created by RSA 447:2-7 continues for 120 days after the services are performed or the materials, supplies, or other covered items are furnished, unless previously paid. Under RSA 447:10, the lien may be secured by attachment of the property while the lien continues, with the writ and return distinctly expressing that purpose.

☐ Counsel has been engaged to determine the correct last-furnishing date, defendants, court, attachment request, bond or security issues under other applicable procedure, service, and pleading

☐ No one is relying on delivery of this notice alone to secure or perfect the lien

8. Attachments

☐ Contract and relevant change orders

☐ Itemized RSA 447:8 account

☐ Invoices, delivery tickets, time records, or design-service records

☐ Payment and credit history

☐ Property description

☐ Prior RSA 447:5 or 447:6 notice

☐ Proof of delivery

☐ Optional RSA 447:12-b lender notice

☐ Other: [________________________________]

9. Claimant certification and delivery record

I certify that the factual information and account stated here are true and complete to the best of my knowledge, subject to the identified documents, credits, disputes, and qualifications.

Claimant: [________________________________]

By: [________________________________]

Title: [________________________________]

Signature: [________________________________]

Date: [__/__/____]

Delivery method selected by counsel:

☐ Personal delivery

☐ Certified or other tracked mail

☐ Courier

☐ Electronic delivery with acknowledgment

☐ Other: [________________________________]

Delivered to: [________________________________]

Delivery date: [__/__/____]

Tracking, receipt, or acknowledgment: [________________________________]

Sources and references

• New Hampshire General Court, N.H. RSA Chapter 447 — Liens for Labor and Materials