Thursday, August 13, 2009

Revisions to Iowa Lien Law Under Consideration - 8/12/09

August 12, 2009

The Iowa legislature is considering the passage of HSB 173/ SSB 1215. It would revise Iowa Code Chapter 572, Mechanic's Lien Law, to require contractors and material providers to give public notice of their rights in order to perfect a mechanic's lien. Notice will be posted on a State Construction Registry.

The bill would also expand the right to recover attorney fees to any prevailing plaintiff and allows any prevailing defendant to recover attorney fees, not just those defending claims involving owner-occupied properties. Commercial construction would be exempt from the central registry requirement.

The bill has been assigned to subcommittee in House and Senate Judiciary Committees and will carry over to the 2010 session.

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