Construction Liens in New Hampshire

Overview

Sources

N.H. Rev. Stat. Ann. §§ 447:1 et seq.

Authorized Claimants

If any person shall perform labor, provide professional design services, or furnish materials to the amount of $15 or more for erecting or repairing a house or other building or appurtenances or for consumption or use in the prosecution of such work, other than for a municipality, by virtue of a contract with the owner thereof, he or she shall have a lien on any material so furnished and on said structure, and on any right of the owner to the lot of land on which it stands. (N.H.R.S. 447:2(I))

Lien Priority

Such attachment (See N.H.R.S. 447:10) shall have precedence and priority over any construction mortgage. (N.H.R.S. 447:12-a)

Notices and Registries

Filing Deadlines

The lien created by [this section], shall continue for 120 days after the services are performed, or the materials, supplies or other things are furnished, unless payment therefor is previously made, and shall take precedence of all prior claims except liens on account of taxes. (N.H.R.S. 447:9) Any such lien may be secured by attachment of the property upon which it exists at any time while the lien continues, the writ and return thereon distinctly expressing that purpose. (N.H.R.S. 447:10)

Enforcement Deadlines

Said claimant shall, within one year after filing such claim, file a petition in the superior court for the county within which the contract shall be principally performed to enforce his claim or intervene in a petition already filed, with copy to the principal and surety, and such further notice as the court may order. (N.H.R.S. 447:18)