Iowa

IOWA

Who Can Claim: Contractors under direct contract with owner. Subcontractors, including subcontractors not directly contracted to the prime contractor, mechanics, materialmen and laborers. Registered architects, land surveyors and professional engineers.  Machinists, manufacturers of machinery and lessors of machinery, if the machinery is attached as a fixture to the property.  The furnisher of rental equipment who does not perform any labor on the project.

Required Notice and Timing: Direct contractors must give notice to the owner along with the contract within 10 days, sent to the owner.  Lower tiers on Owner Occupied Residential a notice of lien rights along with naming the subs must be sent to the owner in 10 days however there is no deadline. Lien rights start from the time of posting. A Notice of Commencement must be posted to do this notice.  A subcontractor or material supplier shall post a preliminary notice to the mechanics’ notice and lien registry internet site. On Commercial a preliminary notice must be posted before the balance due is paid on a residential property and within 30 days after first furnishing materials and/or labor to the general contractor or the owner-builder is effective as to all labor, service, equipment, and material furnished to the property by the subcontractor or supplier. 572.13B

Lien Filing: A lien shall be posted by a general contractor or subcontractor within 2 years and 90 days after the date on which the last of the material was furnished or the last of the labor was performed.A general contractor or a subcontractor may perfect a mechanic’s lien pursuant to section 572.8 beyond 90 days after the date on which the last of the material was furnished or the last of the labor was performed by posting a lien to the mechanics’ notice and lien registry internet site and giving written notice thereof to the owner

Lawsuit Filing: 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. Prior to commencing an action to recover the amount due, a subcontractor, or the owner by subrogation, shall give notice of nonpayment of the cost of labor or materials to the general contractor or owner-builder paid for the improvement.

Public/Federal Work: Any person, firm or corporation that has under a contract, with the principal contractor or with subcontractors, performed labor or furnished materials, service or transportation in the project has a claim. However, a person furnishing only materials to a subcontractor is not entitled to a claim. Prime are not required to Notice. Subs and lower tiers need to notice the GC within 30 days.

Lawsuit Filing: Lawsuit must be filed no sooner than 30 days nor after 60 days from the completion and final acceptance of the improvement