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Owners Affidavit Regarding Liens in New Hampshire

Construction liens are governed by Chapter 447 of the New Hampshire Statutes.

In New Hampshire, property owners can use an affidavit containing details of all parties that have contracted with the owner to perform work on a project or job on the owner's property in excess of $1,000.00. The purpose of the document is to provide notice of all parties that have contracted with the owner but who may not have contracted with the general contractor.

The property owner should have personal knowledge and personally inspect the status and progress of work on the project. The owner should also review the general contractor's affidavit, if any, and the payment of any prior requisitions before making this certification. Be aware that affidavits are sworn statements, made under oath, and thus any false statement is subject to penalties for perjury.

The affidavit certifies: 1) that 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) that upon payment of the current requisition all subcontractors/materialmen covered by the current requisition will have been paid. It also includes copies of any associated contracts and/or notices. N.H. R.S.A. 447:12-A.

The affidavit also states that the Initial Notice of Construction Mortgage was posted at the job site pursuant to N.H. R.S.A. 447:12-b, I & III at the date and hour set forth therein and said Notice has remained posted and will continue to be posted there until the project/job has been completed. Lastly, the affidavit contains a covenant that the owner agrees to defend, indemnify and hold the recipient harmless from and against any and all liability arising in any way out of the falsity of the statements made above. Id.

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 an attorney familiar with lien laws for questions regarding owner affidavits or any other issues related to liens in New Hampshire.