Construction Liens in Iowa

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Overview

Sources

Iowa Code §§ 572.1 et seq.

Authorized Claimants

Every person who furnishes any material or labor for, or performs any labor upon, any building or land for improvement, alteration, or repair thereof, including those engaged in the construction or repair of any work of internal or external improvement…on any land or lot, by virtue of any contract with the owner, owner-builder, general contractor, or subcontractor shall have a lien upon such building or improvement, and land belonging to the owner on which the same is situated or upon the land (IC 572.2(1)

Lien Priority

Mechanics’ liens posted by a general contractor or subcontractor within ninety days after the date on which the last of the material was furnished or the last of the claimant’s labor was performed and for which notices were properly posted to the mechanics’ notice and lien registry internet site… shall be superior to all other liens which may attach to or upon a building or improvement and to the land upon which it is situated, except liens of record prior to the time of the original commencement of the claimant’s work or the claimant’s improvements… Construction mortgage liens shall be preferred to all mechanics’ liens of claimants who commenced their particular work or improvement subsequent to the date of the recording of the construction mortgage lien. (IC 572.18(1) & (2))

Notices and Registries

Filing Deadlines

 A person shall perfect a mechanic’s lien by posting to the mechanics’ notice and lien registry internet site a verified statement of account of the demand due the person, after allowing all credits, setting forth…The statement of account, shall be posted by a general contractor odr subcontractor within two years and ninty days after the date on which the last of the material was furniched or the last day of the labor was performed (IC 572.8(1) and 572.9)

Enforcement Deadlines

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. (IC 572.27)

Other

Cross-References