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Contractor's Affidavit Regarding Liens in New Hampshire

Construction liens (also known as mechanic's liens) are governed by Chapter 447 of the New Hampshire Statutes.

In New Hampshire, contractors can use an affidavit, or sworn statement, containing details of all parties, such as subcontractors or materials suppliers, who have contracts with the general contractor to perform work on the project or job. The contractor delivers the completed affidavit to the property owner. The owner may then forward the affidavit to the lender who provided funding for the project, to verify that the funds are being used as agreed upon.

The affidavit must be based upon general contractor's personal knowledge and inspection of the status and progress of work on the project or job. It certifies that upon the payment of prior requisitions, if any, for the job, that: 1) all work on the project or job and material supplied covered by the current requisition and prior disbursements has been completed or supplied as the case may be; and 2) upon payment of the current requisition all subcontractors/materialmen covered by the current requisition will have been paid. N.H. R.S.A. 447:12-a.

The affidavit also confirms that the general contractor has agreed to defend, indemnify and hold relevant parties harmless from and against any and all liability arising in any way out of the falsity of the statements made. Lastly, the affidavit affirms that the Notice of Construction Mortgage Requisition was posted at the job site (pursuant to NH RSA 447:12-b, III) at the date and hour set forth therein and said Notice will remain posted until the requisition has in fact been funded. N.H. R.S.A. 447:12-b.

This article is offered for informational purposes only and is not legal advice. This information should not be relied upon as a substitute for speaking with an attorney. Please speak with a New Hampshire attorney familiar with mechanic's liens law for any questions regarding contractor affidavits.