WHO MAY CLAIM One who furnishes material or labor in erecting, improving, altering, or repairing a building by virtue of a contract with the owner, owner-builder, general contractor, or subcontractor (includes architects, engineers, etc. only if building is subsequently erected). Gollehon, Schemmer & Assocs., Inc. v. Fairway-Bettendorf Assocs., 268 N.W.2d 200, 201 (Iowa 1978). IA CODE § 572.2 DEADLINE TO PERFECT For relation-back priority, statement of account must be posted to the mechanics’ notice and lien registry within 90 days of the last materials furnished or work performed (otherwise have 2 years and 90 days per IA CODE § 572.9). IA CODE § 572.8 IA CODE § 572.18 BROKEN PRIORITY If lien is posted within 90 days after last work/last material, priority relates back to the day first work commenced under the subject contract and attaches as of that date for all services and materials furnished thereafter. Metro. Fed. Bank v. A.J. Allen Mech. Contractors, Inc., 477 N.W.2d 668, 671 (Iowa 1991) EXCEPTIONS TO ABOVE PRIORITY: • Purchase money mortgages: Always have priority regardless of recording dates. Midland Sav. Bank FSB v. Stewart Grp., LC, 533 N.W.2d 191, 194 (Iowa 1995) • Construction mortgages: In the case of construction mortgages, lien for services and materials will not relate back to the date first work commenced under contract. Rather, commencement date will be determined by commencement of particular work/furnishing of material and if commenced after recordation of construction mortgage, will not have priority over construction mortgage lien. Commencement requires visible work on land. Diversified Mortg. Inv’rs v. Gepada, Inc., 401 F. Supp. 682, 684 (S.D. Iowa 1975) IA CODE § 572.18 DURATION OF LIEN An action to enforce must be brought within 2 years and 90 days from the date on which the last of the material was furnished or the last of the labor was performed. IA CODE § 572.27 CONTENTS OF LIEN (1) Name of the person by whom posted; (2) date and hour of posting; (3) amount; (4) name of the person against whom posted; (5) legal description of the property to be charged with the lien; (6) tax parcel identification number of the property to be charged; (7) address of the property or a description of the location of the property if the property cannot be reasonably identified by an address. Reasonable and substantial compliance required. Should not be so construed to defeat the purpose of the mechanics’ lien policy. Moffitt Bldg. Material Co. v. U.S. Lumber & Supply Co., 255 Iowa 765, 770, 124 N.W.2d 134, 137 (1963) IA CODE § 572.22 IOWA IOWA – 518 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN
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