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When a general contractor or lower tier subcontractor or supplier records a mechanic’s lien attachment on property, security for the lienor’s hoped-for judgment is achieved – but often something more, and perhaps unintended, is achieved. Consolidated Electrical Distributors Inc. Eclipse Construction, Inc. ;
Suppose the contractor applied for and got a mechanic’s lien attachment on an ex parte basis in the full amount of his claims (unpaid balance, interest and anticipated attorneys’ fees). If the owner then files an objection to the lien and asks for a hearing, what will be grounds for the judge to reduce or eliminate the lien?
NewHampshire’s mechanic’s lien statute, RSA 447:2 , gives a lien to those “erecting or repairing a house or other building or appurtenances. ” The lien is on “any material so furnished and on said structure, and on any right of the owner to the lot of land on which it stands.”
It is generally recognized by NewHampshire courts that “[f]ailure to comply with the specific statutory provisions of perfecting a mechanics lien is usually fatal,” Alex Builders & Sons, Inc. Danley , 161 N.H. 19, 23 (2010). Bostwick , 69 N.H. But rarely are such amounts updated in 30-day intervals.
The requirement in RSA 447:9 that a mechanic’s lien must be secured within 120 days of the lienor’s last furnishing of labor or materials has occasionally spawned disputes over what counts as that last day. ’ Work of that nature could be found not to be such as to extend the duration of plaintiff’s lien.”
Nine of the eleven circuit courts of appeal, including the First Circuit which embraces NewHampshire, had said yes. Morgan ’s definition of waiver – “the intentional relinquishment or abandonment of a known right” – is identical to NewHampshire’s. Sundance, Inc. 2022 WL 1611788 (U.S.,
Like many states, NewHampshire law requires that if a subcontractor doesn’t pay wages to its employees, the general contractor must pay them. any principal of the sub signing the lien waiver may also be liable to the general. RSA 275:46. If the sub falsely swears (it happens!),
NewHampshire Savings Bank , 131 N.H. Worse, the contractor or one of its unpaid subcontractors could place a mechanic’s lien on the property – which is sure to result in a breach of the owner/borrower’s loan agreement! ” And such a voluntary undertaking is exceedingly rare.
It happens this way: A contractor or subcontractor borrows money from a lender, and as security for the loan it gives the lender an assignment of or lien on its receivables and contract rights. ” Thus far NewHampshire has enacted no such protective law for homeowners. (A
Clear visibility over invoices, lien waivers & payments inspires seamless money management & accelerated job timelines. The clean and intuitive dashboard offers a bird’s-eye view over each invoice, compliance document, lien waiver and payment, which makes invoice tracking and management easy as a click of your mouse. Greg Ragsdale.
NEWHAMPSHIRE – updated for 2014. NewHampshire Procurement Technical Assistance Program (NH-PTAP): A cooperative program of the State of NewHampshire Business Resource Center and the US Department of Defense, Defense Logistics Agency. The center also works closely with the U.S.
Eligible 504 loan uses include the purchase of land, existing buildings, new construction and the acquisition of machinery and equipment with a 10-year useful life. The private sector participant finances 50 percent of the project cost and takes a first lien on assets pledged as collateral. NEWHAMPSHIRE.
As discussed in an earlier blog (#60), in order to “perfect” a mechanic’s lien in NewHampshire the lienor must institute court action for the purpose of getting an attachment order, Topjian Plumbing Heating, Inc. ” Our question is whether NewHampshire’s mechanic’s lien statute is such a law.
In NewHampshire, an owner generally owes no duty to subcontractors to see that they get paid. 6, 2023), decided by NewHampshire’s bankruptcy court. Accordingly, MacMillin’s later-recorded lien was held to have priority over the mortgage. And this month, a court has finally agreed.
A few years back I blogged (#42) on priorities as between mechanic’s liens and earlier-filed construction mortgages (the mechanic’s lien wins, subject to a couple of exceptions), and as between mechanic’s liens and earlier-filed conventional mortgages (the conventional mortgage wins). In Sabato v. ” Id.
NewHampshire’s mechanic’s lien statute, RSA 447:2 , gives a lien to those who “perform labor, provide professional design services, or furnish materials” to improve someone’s real estate. ” Pine Gravel, Inc. This approach is supported by a reference in Anderson v. Shattuck , 76 N.H.
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