Title XIV, PROPERTY (Ch. 555 - 594A)

Except as provided in section 572.13B , payment to the general contractor or owner-builder of any part or all of the contract price of the building or improvement within ninety days after the date on which the last of the materials was furnished or the last of the labor was perfo…

A mechanic’s lien may be discharged at any time by submitting a bond to the administrator in twice the amount of the sum for which the claim for the lien is posted, with surety or sureties, to be approved by the administrator, conditioned for the payment of any sum for which the …

Nothing in this chapter shall be construed to require the owner to pay a greater amount or at an earlier date than is provided in the owner’s contract with the general contractor, unless the owner pays a part or all of the contract price to the general contractor before the expir…

Mechanics’ liens shall have priority over each other in the order of the posting of the statements of accounts as provided in section 572.8 . [R60, §1853, 1855; C73, §2139, 2141; C97, §3095; C24, 27, 31, 35, 39, § 10286; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.17 ] …

1. Mechanics’ liens posted by a general contractor or subcontractor within ninety days after the date on which the last of the material was furnished or the last of the claimant’s labor was performed and for which notices were properly posted to the mechanics’ notice and lien reg…

Mechanics’ liens shall take priority over all garnishments of the owner for the contract debts, whether made prior or subsequent to the commencement of the furnishing of the material or performance of the labor, without regard to the date of posting the claim for such lien. [C97,…

1. Every person who furnishes any material or labor for, or performs any labor upon, any building or land for improvement, alteration, or repair thereof, including those engaged in the construction or repair of any work of internal or external improvement, and those engaged in gr…

Mechanics’ liens, including those for additions, repairs, and betterments, shall attach to the building or improvement for which the material or labor was furnished or done, in preference to any prior lien, encumbrance, or mortgage upon the land upon which such building or improv…

In the foreclosure of a mechanic’s lien when there is a superior lien, encumbrance, or mortgage upon the land the following regulations shall govern: 1. Lien on original and independent building or improvement. If such material was furnished or labor performed in the construction…

Each claim posted to the mechanics’ notice and lien registry internet site shall be properly indexed and shall contain the following items: 1. The name of the person by whom posted. 2. The date and hour of posting. 3. The amount thereof. 4. The name of the person against whom pos…

1. When a mechanic’s lien is satisfied by payment of the claim, the claimant shall acknowledge satisfaction thereof and, if the claimant neglects to do so for thirty days after demand in writing is personally served upon the claimant, the claimant shall forfeit and pay twenty-fiv…

1. An action to enforce a mechanic’s lien, or an action brought upon any bond given in lieu thereof, may be commenced in the district court after said lien is perfected. 2. An action to challenge a mechanic’s lien may be commenced in the district court or small claims court if th…

An action to enforce a mechanic’s lien shall be brought in the county in which the property to be affected, or some part thereof, is situated. [C73, §2142, 2578; C97, §3098, 3493; C24, 27, 31, 35, 39, § 10294; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.25 ]

1. An action to enforce a mechanic’s lien shall be by equitable proceedings, and no other cause of action shall be joined therewith. 2. a. Except as provided in paragraph “b” , a claimant may only amend a lien statement by leave of court in furtherance of justice. b. A claimant m…

Any action to enforce a mechanic’s lien shall be brought within two years from the expiration of ninety days after the date on which the last of the material was furnished or the last of the labor was performed. [C51, §984; R60, §1865; C73, §2529; C97, §3447; S13, §3447; C24, 27,…

1. Upon the written demand of the owner served on the claimant requiring the claimant to commence action to enforce the lien, such action shall be commenced within thirty days thereafter, or the lien and all benefits derived therefrom shall be forfeited. 2. If an action is not fi…

A mechanic’s lien is assignable, and shall follow the assignment of the debt for which it is claimed. [C97, §3099; C24, 27, 31, 35, 39, § 10298; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.29 ]

Unless otherwise agreed, a general contractor or owner-builder who engages a subcontractor to supply labor or materials or both for improvements, alterations, or repairs to a specific residential construction property shall pay the subcontractor in full for all labor and material…

A lien arising under this chapter as a result of the construction of an apartment house or apartment building which is owned on a cooperative basis under chapter 499A , or which is submitted to a horizontal property regime under chapter 499B , is not enforceable, notwithstanding …

1. In a court action to enforce a mechanic’s lien, or an action brought upon any bond given in lieu thereof, a prevailing plaintiff may be awarded reasonable attorney fees. 2. In a court action to challenge a mechanic’s lien posted on a residential construction property, or any b…

1. The notification requirements in this section apply only to commercial construction. 2. A person furnishing labor or materials to a subcontractor shall not be entitled to a lien under this chapter unless the person furnishing labor or materials does all of the following: a. No…

1. An owner of a building, land, or improvement upon which a mechanic’s lien of a subcontractor may be posted is not required to pay the general contractor compensation for work done or material furnished for the building, land, or improvement until the expiration of ninety days …

1. A mechanics’ notice and lien registry is created and shall be administered by the administrator. The administrator shall adopt rules pursuant to chapter 17A for the creation and administration of the registry. 2. The mechanics’ notice and lien registry shall be accessible to t…

After the completion of such work, the taking of security of any kind shall not affect the right to establish a mechanic’s lien unless such new security shall, by express agreement, be given and received in lieu of such lien. [C97, §3088; C24, 27, 31, 35, 39, § 10273; C46, 50, 54…

The entire land upon which any building or improvement is situated, including that portion not covered therewith, shall be subject to a mechanic’s lien to the extent of the interest therein of the person for whose benefit such material was furnished or labor performed. [R60, §185…

When the interest of such person is only a leasehold, the forfeiture of the lease for the nonpayment of rent, or for noncompliance with any of the other conditions therein, shall not forfeit or impair the mechanic’s lien upon such building or improvement; but the same may be sold…

When the lien is for material furnished or labor performed in the construction, repair, or equipment of any railroad, canal, viaduct, or other similar improvement, said lien shall attach to the erections, excavations, embankments, bridges, roadbeds, rolling stock, and other equip…

1. A person shall perfect a mechanic’s lien by posting to the mechanics’ notice and lien registry internet site a verified statement of account of the demand due the person, after allowing all credits, setting forth: a. The date when such material was first furnished or labor fir…

The statement of account required by section 572.8 shall be posted by a general contractor or subcontractor within two years and ninety days after the date on which the last of the material was furnished or the last of the labor was performed. [R60, §1851; C73, §2137; C97, §3092;…

For the purpose of this chapter : 1. “Construction” , in addition to its ordinary meaning, includes repair, alteration and demolition. 2. “Material” shall, in addition to its ordinary meaning, embrace feed, gasoline, kerosene, lubricating oils and greases, provisions and fuel, an…

Claims may be filed with said officer as follows: 1. At any time before the expiration of thirty days immediately following the completion and final acceptance of the improvement. 2. At any time after said thirty-day period, if the public corporation has not paid the full contrac…

The court may permit claims to be filed with it during the pendency of the action hereinafter authorized, if it be made to appear that such belated filing will not materially delay the action. [C24, 27, 31, 35, 39, § 10309; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.11…

1. Retention. a. Payments made under contracts for the construction of public improvements, unless provided otherwise by law, shall be made on the basis of monthly estimates of labor performed and material delivered, as determined by the project architect or engineer. The public …

A public corporation shall not be permitted to plead noncompliance with section 573.12 and the retained percentage of the contract price, which in no case shall be more than three percent, constitutes a fund for the payment of claims for materials furnished and labor performed on…

1. The fund provided for in section 573.13 shall be retained by the public corporation for a period of thirty days after the completion and final acceptance of the improvement. If at the end of the thirty-day period claims are on file, the public corporation shall continue to ret…

1. A person, firm, or corporation that has performed labor for or furnished materials, service, or transportation to a subcontractor shall not be entitled to a claim against the retainage or bond under this chapter unless the person, firm, or corporation that performed the labor …

Notwithstanding section 573.14 , a public corporation may release retained funds upon completion of ninety-five percent of the contract in accordance with the following: 1. Any person, firm, or corporation who has, under contract with the principal contractor or with subcontracto…

1. The public corporation, the principal contractor, any claimant for labor or material who has filed a claim, or the surety on any bond given for the performance of the contract, may, at any time after the expiration of thirty days, and not later than sixty days, following the c…

The official board or officer letting the contract, the principal contractor, all claimants for labor and material who have filed their claim, and the surety on any bond given for the performance of the contract shall be joined as plaintiffs or defendants. [C24, 27, 31, 35, 39, §…

1. The court shall adjudicate all claims for which an action is filed under section 573.16 . Payments from the retained percentage, if still in the hands of the public corporation, shall be made in the following order: a. Costs of the action. b. Claims for labor. c. Claims for ma…

When the retained percentage is insufficient to pay all claims for labor or materials, the court shall, in making distribution under section 573.18 , order the claims in each class paid in the order of filing the same. [C97, §3102; S13, §1989-a57; C24, 27, 31, 35, 39, § 10316; C4…

1. Contracts for the construction of a public improvement shall, when the contract price equals or exceeds twenty-five thousand dollars, be accompanied by a bond, with surety, conditioned for the faithful performance of the contract, and for the fulfillment of other requirements …

When it appears that the unpaid portion of the contract price for the public improvement, or a part thereof, is represented in whole or in part, by property other than money, or if a deposit has been made in lieu of a surety, the court shall have jurisdiction thereover, and may c…

The court may tax, as costs, a reasonable attorney fee in favor of any claimant for labor or materials who has, in whole or in part, established a claim. [C97, §3103; S13, §1989-a58; C24, 27, 31, 35, 39, § 10318; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.21 ]

If, after the said retained percentage has been applied to the payment of duly filed and established claims, there remain any claims that are unpaid in whole or in part, judgment shall be entered for the amount of the claims that are unpaid against the principal and sureties on t…

When a contractor abandons the work on a public improvement or is legally excluded from work on a public improvement, the improvement shall be deemed completed for the purpose of filing claims as provided in this chapter , from the date of the official cancellation of the contrac…