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New Hampshire Subcontractor Affidavit Overview

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New Hampshire Subcontractor or Supplier Lien Affidavit

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

Loans or mortgages are available to cover costs of labor or materials and to avoid any liens being placed on real property undergoing improvement. In New Hampshire, lien waivers or lien releases made by a subcontractor or supplier should have an accompanying affidavit (sworn statement) that certifies the loan proceeds are being used to pay off any claims. The affidavit confirms that the final payment through a construction mortgage will be used to pay any claims arising out of the furnishing of labor or materials. N.H. R.S.A. 447-12-A.

The affidavit incudes: 1) the name of the subcontractor or supplier, 2) company name, 3), state of incorporation, 4) a description of labor, materials, and/or equipment furnished, and 5) a statement of all costs and payments associated with the job including any added or deducted estimates. Include the completed affidavit when submitting a waiver or release of lien rights to the local recording office.

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 lien affidavits or any other issues related to liens in New Hampshire.

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