Below is an overview of the preliminary steps for filing a mechanic’s lien in the state of Iowa.
COMMERCIAL:
- Upfront Notice:
- Notice to Contractor:
- Required within 30 days of first delivery.
- Follow-up Notice: There is no statutory follow-up notice.
RESIDENTIAL:
- Residential is defined as construction on single-family or two-family dwellings occupied or used, or intended to be occupied or used, primarily for residential purposes. This includes apartments.
- Upfront Notice:
- Preliminary Notice:
- Required to be filed with the Mechanic’s Notice and Lien Registry (state website)
- A notification of the filing will be sent to the Owner by the Administrator of the website. BICA will print and save the “Proof of Service” posted to the website by the Administrator which, per statute, can be used to prove the Owner received the required notification. BICA will not mail any notices.
- In order to file your Preliminary Notice on the website, the General Contractor must first have filed a Notice of Commencement on the state website. If this has not been done, by law the subcontractor may post a Notice of Commencement in order to file its Preliminary notice. BICA will do this on your behalf using what data we have available regarding the commencement of the project.
- The filing of the Preliminary Notice and copy to owner should be done as soon as possible as a lien is only enforceable to the extent of monies not yet paid to contractor at the time the notification of filing is received by owner.
- Follow-up Notice: There is no statutory follow-up notice.
PUBLIC:
- Upfront Notice:
- Notification by Supplier:
- This notice is optional.
- BICA sends this notice in lieu of a courtesy notice within 30 days of 1st delivery to provide some protection for your first deliveries.
- This notice only covers materials delivered before notice is sent.
- You should request a follow-up notice to cover additional shipments, or if you have not been paid.
- Follow-up Notice (if not paid):
- Notification to Contractor by Supplier:
- Required within 30 days after last delivery on the job.
- If you have not been sending copies of invoices to the General Contractor throughout the job, you should supply a copy of invoices to BICA to include with this notice.
- This notice is available on the BICA member portal.
Throughout our site you can find more resources on the process of filing mechanic’s liens and preliminary notices. If you’re ready to get started, be sure to reach out to us on our contact page, or call us at (800) 722-2422.
