WHO MAY CLAIM One who provides labor, design services, or materials (over $15) to erect, repair, or build on land pursuant to a contract with the owner thereof. Includes licensed architects, surveyors, engineers, etc. NH REV STAT § 447:2 DEADLINE TO PERFECT Attachment must be obtained within 120 days after services performed/materials furnished (duration that lien is deemed to continue) in order to attach to property and provide notice to third parties. NH REV STAT § 447:10 BROKEN PRIORITY Once perfected, lien date of attachment is as soon as any work or materials are furnished under a continuous contract. Osgood v. Kent, No. 11-CV-477-SM, 2011 WL 6740411, at 4 (D.N.H. Dec. 21, 2011). No apparent requirement that work be visible. EXCEPTIONS: • Bona Fide Purchasers: purchasers who acquire where no attachment recorded (actual or constructive notice) take free and clear. • Construction Mortgage: will be superior to the extent proceeds were or will be (via mortgagee affidavit) disbursed to pay invoices of claims due to subcontractors/suppliers. NH REV STAT § 447:12-A DURATION OF LIEN Attachment must be obtained within 120 days after services performed/materials furnished (duration that lien is deemed to continue) in order to attach to property and provide notice to third parties. NH REV STAT § 447:10 CONTENTS OF LIEN Attachment must 1. state the purpose for which the attachment is brought; 2. describe the property to be attached with reasonable accuracy and specificity; and 3. direct officer to attach that specific property. Strict compliance required. However, writ and petition can be read together to fulfill the above requirements. Alex Builders & Sons, Inc. v. Danley, 161 N.H. 19, 24, 7 A.3d 1219, 1223 (2010). NH REV STAT § 447:10 NEW HAMPSHIRE NEW HAMPSHIRE – 532 – 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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