New Hampshire Mechanic's Lien Guide

New Hampshire does not require a preliminary notice, but a subcontractor's lien only reaches funds the owner still owes the general contractor (an unpaid-balance state). To protect and expand your rights you should act early: - Under RSA 447:5, give the owner (or the person in charge of the property) written notice that you will claim a lien. The notice may be given after the work is done or materials are furnished, and the lien is valid to the extent of amounts then due or that later become due to the contractor (RSA 447:6). - Under RSA 447:8, once you have given notice, furnish the owner a written account of the labor and materials at least once every 30 days. The owner must then retain enough money to pay your claim before paying the contractor. Because the lien is limited to what the owner owes the contractor, sending the account promptly binds those funds and prevents the owner from paying them out.

The subcontractor's lien continues for 120 days after last furnishing labor, design services, or materials (RSA 447:9) and MUST be secured by attachment of the property within that window (RSA 447:10). Start early, because an attachment generally requires a superior court order (often obtained ex parte) authorizing a writ of attachment that distinctly expresses it is made to secure the lien. Important: New Hampshire is an unpaid-balance state. A subcontractor's lien is limited to the amount the owner still owes the general contractor at the time notice is given (RSA 447:6). Giving the owner notice and the 30-day account under RSA 447:8 obligates the owner to hold back sufficient funds to cover your claim. If no attachment is obtained within 120 days, the lien is lost.