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General Contractors / Design Professionals (if your contract is with the owner): File your New Hampshire lien within 120 days of completion of the overall project. Note: You cannot just file a lien—there must be a petition in court ( like a min-lawsuit) to perfect it. We have templates for this petition.
Subcontractors/Suppliers (if your contract is with the prime or another sub): Start your petition to the court (see above) within 120 days of completion of the overall project.
Who? A mechanic’s lien in New Hampshire is allowed for General contractors, subcontractors, material suppliers, renters of equipment, architects, engineers, and land surveyors.
Where? Clerk of the Court (in county where work / material furnished).
How Long Does it Stay on Record? A mechanics lien in New Hampshire stays 120 days after completion of the project.
Let Us Help: If you prefer, for the same price, we will instruct you how to fill-out the New Hampshire mechanic’s lien form line by line, answer questions, and give a general idea of the chances for success in enforcing the lien. (800-995-9434).
Mechanics Lien for New Hampshire Law Summary: For a more detailed discussion of New Hampshire mechanics liens.
Amount of New Hampshire mechanic’s lien: All work/material furnished under the base verbal or written contract plus change orders actually performed, whether signed or not. Finance charges are allowed only if included in your contract or PO and signed by the other party. If not, you still get pre-judgment interest. But do not include specific finance charges or interest in the amount of your lien; instead express it as a possible add-on at trial. Example: “Mechanic’s lien for the principal amount of $10,550, plus finance charges / pre-judgment interest as allowed by law”. This will be awarded later if you are the prevailing party in the New Hampshire lien foreclosure suit.
Do not reduce for freebies or discounts, as they were contingent on being paid. With non-payment, it is no longer legal consideration for a contract modification in which the owner receives a reduced price. Example: In a kitchen remodel, for good customer relations you supplied some extras free: a) a 48 bottle built-in wine cellar and b) painted the adjoining dining room with a coat of base and semi-gloss. Then you never got paid the last installment on the contract. If you supplied labor only, your New Hampshire lien will add in the hourly rate under the contract. If labor and material, use cost-plus or T & M amounts in the lien.
Call us if you have any questions about a mechanics lien in New Hampshire—we’ll walk you through it. (800) 995-9434; (925) 899-8449.