Revision: March 7, 2012, midnight
SB 371 – AS INTRODUCED
2012 SESSION
05/01
SENATE BILL 371
AN ACT allowing a lien for labor and materials for professional design work.
SPONSORS: Sen. Luther, Dist 12; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16; Sen. Bragdon, Dist 11; Sen. Groen, Dist 6; Sen. Lambert, Dist 13; Rep. J. Belanger, Hills 5; Rep. Seidel, Hills 20; Rep. Flanagan, Hills 5
This bill adds design professionals to the tradesmen who are currently able to file and perfect a mechanic’s lien for nonpayment of work related to a construction project. The bill also extends the period of time a lien may be filed from 120 days to 180 days after work is completed.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2979
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT allowing a lien for labor and materials for professional design work.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Liens for Labor and Materials; Buildings; Professional Design Work. Amend RSA 447:2 to read as follows:
447:2 Buildings, etc.
I. If any person shall, [by himself or] as an individual or with others, perform labor, provide professional design work, or furnish materials to the amount of $15 or more for erecting or repairing a house or other building or appurtenances, or for building any dam, canal, sluiceway, well or bridge, 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.
II. In this section, “professional design work” means a work product of a licensed architect, landscape architect, engineer, or surveyor that is directly related to the improvement of real property.
2 Subcontractor Liens. Amend RSA 447:5 to read as follows:
447:5 Subcontractors. If a person shall [by himself or] as an individual or with or others perform labor, provide professional design work as defined in RSA 447:2, or furnish materials to the amount of $15 or more for any of the purposes specified in RSA 447:2, 447:3 and 447:4 and in RSA 453, by virtue of a contract with an agent, contractor or subcontractor of the owner[, he] the person shall have the same lien as provided in said sections, provided, that he or she gives notice in writing to the owner or to the person having charge of the property that he or she shall claim such lien before performing the labor or furnishing the material for which it is claimed.
3 Duration of Lien. Amend RSA 447:9 to read as follows:
447:9 Duration. The lien created by RSA 447:2-7, inclusive, shall continue for [120] 180 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.
4 Effective Date. This act shall take effect January 1, 2013.