Questions about a specific job? Nick Hudson leads the firm’s construction law practice. Call 515.519.3600.
1. What a mechanic’s lien is
A mechanic’s lien is a claim against the real estate you improved, securing payment for your labor or materials. In Iowa the lien is created and governed by Iowa Code §572. It is posted on the Mechanics’ Notice and Lien Registry, an online registry run by the Iowa Secretary of State, rather than recorded at the county.
2. Who can claim a lien
General contractors, subcontractors, and material suppliers who furnish labor or materials for a building or improvement under a contract with the owner, or with the owner’s contractor or subcontractor. Suppliers to suppliers generally cannot.
3. Residential versus commercial: two different notice systems
Residential projects, meaning a dwelling of one to four units or a unit in a condominium or similar structure, use the Notice of Commencement and Preliminary Notice system in §572.13A and §572.13B. Commercial and other nonresidential projects use the 30-day notice to the general contractor in §572.33. Getting this classification right is the first step on every job.
4. The Notice of Commencement, residential
The general contractor or owner-builder posts it on the MNLR no later than 10 days after work begins under §572.13A. It identifies the owner, the property, and the general contractor, and it opens the project on the registry so subcontractors can post their notices. The registry fee is $7 online.
5. The Preliminary Notice, residential subcontractors and suppliers
Post it on the MNLR under §572.13B before the owner pays the general contractor the balance due. Once posted, the registry notifies the owner. If it is not posted, your lien against an owner-occupied home is generally limited to what the owner still owes the general contractor. The registry fee is $7 online. We post Preliminary Notices for $175.
6. The 30-day notice, commercial
On nonresidential property, a subcontractor or supplier who did not contract directly with the owner must give the general contractor written notice within 30 days of first furnishing under §572.33. Without it, the lien is limited to amounts owed after notice is given.
7. Posting the lien
The lien statement is posted on the MNLR and must identify the property, the owner, the claimant, the party you contracted with, the amount due, and the dates of first and last furnishing. Under §572.9 you may post up to two years and 90 days after last furnishing, but under §572.10 a lien posted after 90 days reaches only what the owner still owes the general contractor. The registry fee is $30 online. Our attorney-reviewed lien posting is $495.
8. After posting: the owner’s demand and enforcement
The owner may serve a written demand under §572.28 requiring you to commence an enforcement action within 30 days; miss it and the lien is forfeited. Otherwise, under §572.27 an enforcement action must be brought within two years after the end of the 90-day window. Enforcement is a foreclosure action in district court, and under §572.32 a prevailing plaintiff may be awarded reasonable attorney fees. Owners, see how we respond to a posted lien.
9. Lien waivers
Owners and lenders will ask you for conditional waivers with each pay application and unconditional waivers after payment clears. Read them. A waiver that covers more than the payment you received gives away lien rights you still need. Owners and lenders, see keeping the next project lien-free.
10. Deadline table
| Step | Who | Deadline | Section |
|---|---|---|---|
| Notice of Commencement | Residential GC or owner-builder | 10 days after work begins | §572.13A |
| Preliminary Notice | Residential sub or supplier | Before owner pays GC the balance due | §572.13B |
| Notice to general contractor | Commercial sub or supplier not in contract with owner | 30 days after first furnishing | §572.33 |
| Lien posting, full protection | Any claimant | 90 days after last furnishing | §572.9, §572.10 |
| Lien posting, outside limit | Any claimant | 2 years and 90 days after last furnishing | §572.9 |
| Response to owner demand | Lien claimant | 30 days after service of demand | §572.28 |
| Enforcement action | Lien claimant | 2 years after the 90-day window ends | §572.27 |
11. Costs
Iowa Secretary of State registry fees are $7 for a notice and $30 for a lien when posted online. Conveyance Law posts notices for a flat fee of $175 and liens, with a lien-rights and deadline review, for $495, plus the registry fee. Lien demand letters are $350. Contractor lien services.
12. When to call a lawyer
Before the 90 days run; whenever the project classification is unclear; the day an owner’s §572.28 demand arrives; and before signing a lien waiver you do not understand. Call Nick Hudson at 515.519.3600.
Questions about a specific job? Call Nick Hudson at 515.519.3600, email nick@conveyance.law, or schedule a consultation online.
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If you’re considering a project, structuring a transaction, or working through a problem that’s developing, we’d be glad to talk. The decisions made early in a deal compound, and engaging the right legal counsel before the structure is locked in is meaningfully more valuable than fixing things later.
Conveyance Law, PLC | Des Moines, Iowa | 515.519.3600
