572.13A Notice of commencement of work — general contractor — owner-builder.
1. Either a general contractor, or an owner-builder who has contracted or will contract with a subcontractor to provide labor or furnish material for the property, shall post a notice of commencement of work to the mechanics’ notice and lien registry internet site no later than ten days after the commencement of work on the property. A notice of commencement of work is effective only as to any labor, service, equipment, or material furnished to the property subsequent to the posting of the notice of commencement of work. A notice of commencement of work shall include all of the following information:
a. The name and address of the owner.
b. The name, address, and telephone number of the general contractor or owner-builder.
c. The address of the property or a description of the location of the property if the property cannot be reasonably identified by an address.
d. The legal description that adequately describes the property to be charged with the lien.
e. The date work commenced.
f. The tax parcel identification number.
g. Any other information prescribed by the administrator pursuant to rule.
2. If a general contractor or owner-builder fails to post the required notice of commencement of work to the mechanics’ notice and lien registry internet site pursuant to subsection 1, within ten days of commencement of the work on the property, a subcontractor may post the notice in conjunction with the posting of the required preliminary notice pursuant to section 572.13B. A notice of commencement of work must be posted to the mechanics’ notice and lien registry internet site before preliminary notices pursuant to section 572.13B may be posted.
3. a. At the time a notice of commencement of work is posted on the mechanics’ notice and lien registry internet site, the administrator shall assign a mechanics’ notice and lien registry number and send a copy of the owner notice described in section 572.13. The owner notice shall contain the following language:
Persons or companies furnishing labor or materials for the improvement of real property may enforce a lien upon the improved property if they are not paid for their contributions, even if the parties have no direct contractual relationship with the owner. The mechanics’ notice and lien registry internet site provides a listing of all persons or companies furnishing labor or materials who have posted a lien or who may post a lien upon the improved property. If the person or company has posted its notice or lien to the mechanics’ notice and lien registry internet site, you may be required to pay the person or company even if you have paid the general contractor the full amount due. Therefore, check the mechanics’ notice and lien registry internet site for information about the property including persons or companies furnishing labor or materials before paying your general contractor. In addition, when making payment to your general contractor, it is important to obtain lien waivers from your general contractor and from persons or companies registered as furnishing labor or materials to your property. The information in the mechanics’ notice and lien registry is posted on the internet site of the mechanics’ notice and lien registry.
b. Other relevant information may be included with the notice described in subsection 1 as prescribed by the administrator pursuant to rule.
c. The notice described in subsection 1 shall be sent to the owner’s address as posted to the mechanics’ notice and lien registry internet site by the general contractor, owner-builder, or subcontractor. If the owner’s address is different than the property address, a copy of the notice shall also be sent to the property address, addressed to the owner if a mailing address has been assigned to the property by the United States postal service.
d. Notices under this section shall not be sent to owner-builders.
4. A general contractor who fails to provide notice pursuant to this section is not entitled to a lien and remedy provided by this chapter.
5. This section applies only to residential construction properties.
2012 Acts, ch 1105, §9, 27, 28; 2012 Acts, ch 1138, §13, 41, 43; 2013 Acts, ch 90, §257; 2013 Acts, ch 99, §3 – 5; 2014 Acts, ch 1092, §126; 2017 Acts, ch 33, §4
Referred to in §572.8, 572.18, 572.34
Structure Iowa Code
Section 572.1 - Definitions and rules of construction.
Section 572.2 - Persons entitled to lien.
Section 572.3 - Collateral security before completion of work.
Section 572.4 - Security after completion of work.
Section 572.5 - Extent of lien.
Section 572.6 - In case of leasehold interest.
Section 572.7 - In case of internal improvement.
Section 572.8 - Perfection of lien.
Section 572.9 - Time of lien posting.
Section 572.10 - Perfecting lien after lapse of ninety days.
Section 572.11 - Extent of lien posted after ninety days.
Section 572.12 - Time of filing against railway.
Section 572.13 - General contractor — owner notice — residential construction.
Section 572.13A - Notice of commencement of work — general contractor — owner-builder.
Section 572.13B - Preliminary notice — subcontractor — residential construction.
Section 572.14 - Liability to subcontractor after payment to general contractor or owner-builder.
Section 572.15 - Discharge of mechanic’s lien — bond.
Section 572.16 - Rule of construction.
Section 572.17 - Priority of mechanics’ liens between mechanics.
Section 572.18 - Priority over other liens.
Section 572.19 - Priority over garnishments of the owner.
Section 572.20 - Priority as to buildings over prior liens upon land.
Section 572.21 - Foreclosure of mechanic’s lien when lien on land.
Section 572.22 - Record of claim.
Section 572.23 - Acknowledgment of satisfaction of claim.
Section 572.24 - Time of bringing action — court.
Section 572.25 - Place of bringing action.
Section 572.26 - Kinds of action — amendment.
Section 572.27 - Limitation on action.
Section 572.28 - Demand for bringing suit.
Section 572.29 - Assignment of lien.
Section 572.30 - Action by subcontractor or owner against general contractor or owner-builder.
Section 572.31 - Cooperative and condominium housing.
Section 572.32 - Attorney fees — remedies.
Section 572.33 - Requirement of notification for commercial construction.
Section 572.33A - Liability of owner to general contractor — commercial construction.