572.26 Kinds of action — amendment. 1. An action to enforce a mechanic’s lien shall be by equitable proceedings, and no other cause of action shall be joined therewith. 2. a. Except as provided in paragraph “b”, a claimant may only amend a lien statement by leave of court in furtherance of justice. b. A […]
572.27 Limitation on action. Any action to enforce a mechanic’s lien shall be brought within two years from the expiration of ninety days after the date on which the last of the material was furnished or the last of the labor was performed. [C51, §984; R60, §1865; C73, §2529; C97, §3447; S13, §3447; C24, 27, […]
572.28 Demand for bringing suit. 1. Upon the written demand of the owner served on the claimant requiring the claimant to commence action to enforce the lien, such action shall be commenced within thirty days thereafter, or the lien and all benefits derived therefrom shall be forfeited. 2. If an action is not filed within […]
572.29 Assignment of lien. A mechanic’s lien is assignable, and shall follow the assignment of the debt for which it is claimed. [C97, §3099; C24, 27, 31, 35, 39, §10298; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.29]
572.3 Collateral security before completion of work. Repealed by 2018 Acts, ch 1094, §1.
572.30 Action by subcontractor or owner against general contractor or owner-builder. Unless otherwise agreed, a general contractor or owner-builder who engages a subcontractor to supply labor or materials or both for improvements, alterations, or repairs to a specific residential construction property shall pay the subcontractor in full for all labor and materials supplied within thirty […]
572.31 Cooperative and condominium housing. A lien arising under this chapter as a result of the construction of an apartment house or apartment building which is owned on a cooperative basis under chapter 499A, or which is submitted to a horizontal property regime under chapter 499B, is not enforceable, notwithstanding any contrary provision of this […]
572.32 Attorney fees — remedies. 1. In a court action to enforce a mechanic’s lien, or an action brought upon any bond given in lieu thereof, a prevailing plaintiff may be awarded reasonable attorney fees. 2. In a court action to challenge a mechanic’s lien posted on a residential construction property, or any bond given […]
572.33 Requirement of notification for commercial construction. 1. The notification requirements in this section apply only to commercial construction. 2. A person furnishing labor or materials to a subcontractor shall not be entitled to a lien under this chapter unless the person furnishing labor or materials does all of the following: a. Notifies the general […]
572.33A Liability of owner to general contractor — commercial construction. 1. An owner of a building, land, or improvement upon which a mechanic’s lien of a subcontractor may be posted is not required to pay the general contractor compensation for work done or material furnished for the building, land, or improvement until the expiration of […]
572.34 Mechanics’ notice and lien registry. 1. A mechanics’ notice and lien registry is created and shall be administered by the administrator. The administrator shall adopt rules pursuant to chapter 17A for the creation and administration of the registry. 2. The mechanics’ notice and lien registry shall be accessible to the general public through the […]
572.4 Security after completion of work. After the completion of such work, the taking of security of any kind shall not affect the right to establish a mechanic’s lien unless such new security shall, by express agreement, be given and received in lieu of such lien. [C97, §3088; C24, 27, 31, 35, 39, §10273; C46, […]
572.5 Extent of lien. The entire land upon which any building or improvement is situated, including that portion not covered therewith, shall be subject to a mechanic’s lien to the extent of the interest therein of the person for whose benefit such material was furnished or labor performed. [R60, §1854; C73, §2140; C97, §3090; C24, […]
572.6 In case of leasehold interest. When the interest of such person is only a leasehold, the forfeiture of the lease for the nonpayment of rent, or for noncompliance with any of the other conditions therein, shall not forfeit or impair the mechanic’s lien upon such building or improvement; but the same may be sold […]
572.7 In case of internal improvement. When the lien is for material furnished or labor performed in the construction, repair, or equipment of any railroad, canal, viaduct, or other similar improvement, said lien shall attach to the erections, excavations, embankments, bridges, roadbeds, rolling stock, and other equipment and to all land upon which such improvements […]
572.8 Perfection of lien. 1. A person shall perfect a mechanic’s lien by posting to the mechanics’ notice and lien registry internet site a verified statement of account of the demand due the person, after allowing all credits, setting forth: a. The date when such material was first furnished or labor first performed, and the […]
572.9 Time of lien posting. The statement of account required by section 572.8 shall be posted by a general contractor or subcontractor within two years and ninety days after the date on which the last of the material was furnished or the last of the labor was performed. [R60, §1851; C73, §2137; C97, §3092; C24, […]
