Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Iowa
Iowa
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Iowa Quick Overview
| Pursuant Code | IA Code §§ 572.1 et seq. | |
| State Portal | https://sos.iowa.gov/mnlr/info/SCinfo.aspx | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| IA Statutory Relief | Full Price | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 1 to 3 years | |
| Waivable Lien Rights | No specific statutes | |
| Supplier to Supplier Rights | Likely Yes | |
| Prelien Document Name(s) | ||
| Prelien Minimum Information | Names and addresses of owner and claimant, general description of labor/materials, property legal description, date of commencement. | |
| Prelien Minimum Notifications | Owner (residential), Prime Contractor (for sub-subs and suppliers on commercial projects) | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Iowa by Role
Iowa requires use of the MNLR portal for residential construction projects. Timely posting of a notice of commencement (by prime) and preliminary notice (by others) is essential. Commercial projects have fewer mandatory notice rules, except for suppliers and lower-tier claimants.
Possible Exceptions, Special Circumstances, and Caveats in Iowa
Owner Occupied Residential: For owner-occupied dwellings, special deadlines and documentation rules apply.
Residential: Notices must be posted in the MNLR to preserve lien rights.
Mechanic's Liens in Iowa
In Iowa, a mechanics lien must generally be filed within 90 days from the last date materials were furnished or labor was performed. While a lien can be filed after that window, it will only attach to funds unpaid by the owner at the time of filing. For owner-occupied residential dwellings, special rules apply. A lien enforcement action must be initiated within 2 years from the expiration of the 90-day period or within 30 days after a written demand from the owner to file suit. Liens are managed through the Iowa Mechanic's Notice and Lien Registry (MNLR).
Bond Claims in Iowa
On public projects in Iowa, claims are typically governed by the Iowa Little Miller Act. A bond claim must generally be made within 30 days of the last furnishing of labor or materials. There is no preliminary notice requirement for public work, but strict compliance with timing and filing procedures is required to maintain bond rights.
Construction Lien Waivers in Iowa
Required Format: Iowa does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Iowa does not require waivers to be notarized.
Iowa lien waivers are not standardized by statute and are typically governed by contract. Waivers should be explicit and properly executed, but there's no requirement that they be filed with a state or county agency.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Iowa counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Iowa
Frequently Asked Questions (FAQs) on Iowa Lien Processes for Contractors
Do I need to send a preliminary notice on private commercial projects in Iowa?
No, preliminary notice is not required for private commercial projects. However, it is required for residential projects in most cases.
What is the deadline to file a mechanics lien in Iowa?
Mechanics liens must be filed within 90 days of the last furnishing of labor or materials to be fully enforceable. Liens filed after 90 days are only valid up to the amount the owner has not yet paid to the contractor.
Where do I file a preliminary notice or lien in Iowa?
For residential projects, notices and liens must be filed using Iowa's Mechanic's Notice and Lien Registry (MNLR) system online.
Can a subcontractor or supplier file a lien if the prime contractor didn't post a Notice of Commencement?
Yes. If the prime contractor does not post the required Notice of Commencement within 10 days of starting work, a subcontractor or supplier can do so themselves to protect lien rights.
What is the timeframe to enforce a lien once filed?
An action to enforce the lien must be filed within 2 years from the end of the 90-day lien window or within 30 days of receiving a written demand from the owner to file suit.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
