Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in New Hampshire
New Hampshire
Questions? Contact Us
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.
New Hampshire Quick Overview
| Pursuant Code | N.H. Rev. Stat. Ann. §§ 447:1 et seq. | |
| Prelien Required for Private/Commercial Projects | No, but may be beneficial | |
| Prelien Required for Public Projects | No | |
| NH Statutory Relief | Unpaid Balance | |
| Lien Milestone Event | ||
| Lien Enforcement Deadline | 120 to 180 days | |
| Waivable Lien Rights | No specific statutes | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | ||
| Prelien Minimum Information | A written statement of the claimant's intent to claim a lien, the nature of the work or materials furnished, and a monthly account of charges. | |
| Prelien Minimum Notifications | Owner, tenant, or person in charge of the property. | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | No |
Understanding the Prelien Process on Construction Projects in New Hampshire by Role
In New Hampshire, preliminary notice is not required for general contractors but is essential for subcontractors and suppliers to establish lien rights. Notice should be provided to the owner or person in charge, and an account of charges must be updated monthly. A lien must be perfected by initiating legal action and recording an attachment in the registry of deeds within 120 days of last furnishing.
Possible Exceptions, Special Circumstances, and Caveats in New Hampshire
Architect/DesignProfessionals: Architects and design professionals are explicitly mentioned and included in lien rights, provided they follow notice and perfection requirements.
Mechanic's Liens in New Hampshire
New Hampshire mechanics liens must be perfected by a lawsuit and attachment within 120 days after the last provision of labor, materials, or design services for which payment is owed. The claimant must initiate a civil action for the amount owed, obtain an attachment of the property through the court, and record the attachment in the registry of deeds where the property is located. Notice of intent to lien should ideally be served before performance, but is not strictly required to perfect a lien.
Bond Claims in New Hampshire
New Hampshire public bond claims are governed by contract terms and general public contract statutes, rather than a single unified public works bond statute. Bond claimants typically must provide notice of their claims directly to the public entity or contractor and file a lawsuit to recover against the bond; timeframes and procedures may vary based on the bond documents themselves, so claimants should review individual bond terms carefully.
Construction Lien Waivers in New Hampshire
Required Format: New Hampshire 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: New Hampshire does not require waivers to be notarized.
New Hampshire statutes do not explicitly govern lien waivers, so enforceability follows general contract principles. Claimants should exercise caution when signing unconditional waivers.
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 New Hampshire 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 New Hampshire
Frequently Asked Questions (FAQs) on New Hampshire Lien Processes for Contractors
Do I need to send a preliminary notice to preserve my lien rights in New Hampshire?
Preliminary notice is not required for general contractors. However, subcontractors and suppliers must serve a notice of intent to lien on the owner or person in charge of the property, preferably before supplying labor or materials, but late notice may still be effective.
How long do I have to file a mechanics lien in New Hampshire?
You must initiate a lawsuit, obtain an attachment, and record the attachment within 120 days from the last day you provided labor, materials, or professional design services.
Who must receive my notice of intent to lien?
Subcontractors and suppliers should send their notice to the property owner, the tenant (if applicable), or the person in charge of the property.
Can I still file a lien if I forgot to send a preliminary notice in New Hampshire?
Yes, preliminary notice is not mandatory to establish a lien in New Hampshire, but providing a written notice helps strengthen the lien claim.
How do I enforce my mechanics lien after filing in New Hampshire?
You must file a civil action, obtain a court attachment order on the property, and record that attachment with the county's registry of deeds. The lien is not perfected until the attachment is recorded.
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.
