New Hampshire

PRELIMINARY NOTICE

Parties who contract directly with the Owner are not required to give preliminary notice. Other subcontractors and suppliers are not entitled to a lien unless they provide notice to the Owner before furnishing labor, services, or materials. Alternatively, notice can be provided after furnishing labor, design services, or materials, however the lien is then limited to the amount due to the contractor, agent or subcontractor at the time notice is given. R.S.A. 447:5 and 447:6.

CONTENTS OF PRELIMINARY NOTICE

No particular form of notice is required. Statute requires that lienor give the Owner an accounting every 30 days listing the labor/materials/services provided during the 30 day period.

WHEN COMPLETION OCCURS

A mechanics lien remains valid for 120 days after the contractor/ subcontractor/designer/supplier last supplied labor or materials for the project. R.S.A. 447. Even if the project is not completed at that time, the mechanics lien expires after the 120 day period, unless the lien is perfected by obtaining an attachment.

TIME LIMIT FOR RECORDING MECHANICS LIEN

Mechanics liens do not need to be recorded.

TIME LIMIT FOR ENFORCING MECHANICS LIEN

Mechanics liens must be “perfected” within 120 days after the contractor, subcontractor, or supplier last performs labor or supplies materials for the project. R.S.A. 447:9. Mechanics liens are “perfected” by obtaining an attachment from the Superior Court. R.S.A. 447:10. Attachments must be recorded at the Registry of Deeds for the county where the project is located.

FORECLOSURE OR DISMISSAL BY COURT

Upon request, courts will review attachments obtained pursuant to the Mechanics Lien statute, and will void them if they were not obtained properly. In N.H. mechanics liens cannot be bonded off. Any party seeking to enforce a mechanics lien must file suit and obtain a judgment against the Owner before they can begin to seek to foreclose on the project.

https://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XLI-447.htm