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Subcontractor's Notice to Preserve Lien Rights in New Hampshire

Mechanic's liens are governed under Chapter 447 of the New Hampshire Statutes.

In order to claim a mechanic's lien in New Hampshire (and most other states) for labor or materials, contractors, subcontractors, and suppliers must provide preliminary, or pre-lien notices to preserve their right to claim a lien.

If a person performs labor, provides professional design services, or furnishes materials valued at $15.00 or more, by virtue of a contract with an agent, contractor or subcontractor of the owner, the person shall have a right to a lien, provided that he or she gives notice in writing to the owner or an authorized representative before performing the labor or furnishing the material for which it is claimed. NH RSA 447:5. This notice identifies the parties, the location and nature of the work, and the project.

Such notice may also be given after the work is provided. The lien shall be valid to the extent of the amount then due or that may become due to the contractor, agent or subcontractor of the owner. NH RSA 447:6. The account required under RSA 447:8 may also be given when the notice is delivered. 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 with questions regarding subcontractor notices, or for any other issues related to mechanic's liens in New Hampshire.