Text: HF02399 Text: HF02401 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 1 2 HOUSE FILE 2400 1 3 1 4 AN ACT 1 5 PROVIDING A PROCEDURE FOR THE PRESERVATION OF A MECHANIC'S 1 6 LIEN FOR MATERIALS OR LABOR FURNISHED TO A SUBCONTRACTOR 1 7 AND PROVIDING FOR RELATED MATTERS. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 572.1, subsection 2, Code 1997, is 1 12 amended to read as follows: 1 13 2. "Material" shall, in addition to its ordinary meaning, 1 14embrace andinclude machinery, tools, fixtures, trees, 1 15 evergreens, vines, plants, shrubs, tubers, bulbs, hedges, 1 16 bushes, sod, soil, dirt, mulch, peat, fertilizer, fence wire, 1 17 fence material, fence posts, tile, and the use of forms, 1 18 accessories, and equipment. 1 19 Sec. 2. Section 572.2, Code 1997, is amended to read as 1 20 follows: 1 21 572.2 PERSONS ENTITLED TO LIEN. 1 22 1. Every person who shall furnish any material or labor 1 23 for, or perform any labor upon, any building or land for 1 24 improvement, alteration, or repair thereof, including those 1 25 engaged in the construction or repair of any work of internal 1 26 or external improvement, and those engaged in grading, 1 27 sodding, installing nursery stock, landscaping, sidewalk 1 28 building, fencing on any land or lot, by virtue of any 1 29 contract with the owner, the owner's agent, trustee, 1 30 contractor, or subcontractor shall have a lien upon such 1 31 building or improvement, and land belonging to the owner on 1 32 which the same is situated or upon the land or lot so graded, 1 33 landscaped, fenced, or otherwise improved, altered, or 1 34 repaired, to secure payment for the material or labor 1 35 furnished or labor performed. 2 1 2. If material is rented by a person to the owner, the 2 2 owner's agent, trustee, contractor, or subcontractor, the 2 3 person shall have a lien upon such building, improvement, or 2 4 land to secure payment for the material rental. The lien is 2 5 for the reasonable rental value during the period of actual 2 6 use of the material and any reasonable periods of nonuse of 2 7 the material taken into account in the rental agreement. The 2 8 delivery of material to such building, improvement, or land, 2 9 whether or not delivery is made by the person, creates a 2 10 presumption that the material was used in the course of 2 11 alteration, construction, or repair of the building, 2 12 improvement, or land. However, this presumption shall not 2 13 pertain to recoveries sought under a surety bond. 2 14 Sec. 3. Section 572.14, subsection 2, Code 1997, is 2 15 amended to read as follows: 2 16 2. In the case of an owner-occupied dwelling, a mechanic's 2 17 lien perfected under this chapter is enforceable only to the 2 18 extent of thebalance due from the owner to the principal2 19contractor at the time written notice, in the formamount due 2 20 the principal contractor by the owner-occupant under the 2 21 contract, less any payments made by the owner-occupant to the 2 22 principal contractor prior to the owner-occupant being served 2 23 with the notice specified in subsection 3, is served on the2 24owner. This notice may be served by delivering it to the 2 25 owner or the owner's spouse personally, or by mailing it to 2 26 the owner by certified mail with restricted delivery and 2 27 return receipt to the person mailing the notice, or by 2 28 personal service as provided in the rules of civil procedure. 2 29 Sec. 4. Section 572.33, Code 1997, is amended to read as 2 30 follows: 2 31 572.33 REQUIREMENT OF NOTIFICATION. 2 32 Notwithstandingany provision to the contrary, a claim by2 33 other provisions of this chapter, and in addition to all other 2 34 requirements of this chapter, a person furnishingonlylabor 2 35 or materials to a subcontractorwho is furnishing only3 1materialsshall not be entitled to a lien under this chapter 3 2 unless the person furnishing labor or materialshad notified3 3 does all of the following: 3 4 a. Notifies the owner and the principal contractor within 3 5 thirty days of the furnishing of the labor or materialsand3 6the lien claim is supported byfor which a lien claim is made, 3 7 including the amount, kind, and value of the labor or 3 8 materials furnished. 3 9 b. Supports the lien claim with a certified statement that 3 10 the principal contractorhad beenwas notified within thirty 3 11 days after the labor or materials were furnished of the 3 12 amount, kind, and value of the labor or materials furnished. 3 13This requirement is in addition to all other requirements of3 14this chapter.3 15 3 16 3 17 3 18 RON J. CORBETT 3 19 Speaker of the House 3 20 3 21 3 22 3 23 MARY E. KRAMER 3 24 President of the Senate 3 25 3 26 I hereby certify that this bill originated in the House and 3 27 is known as House File 2400, Seventy-seventh General Assembly. 3 28 3 29 3 30 3 31 ELIZABETH ISAACSON 3 32 Chief Clerk of the House 3 33 Approved , 1998 3 34 3 35 4 1 4 2 TERRY E. BRANSTAD 4 3 Governor
Text: HF02399 Text: HF02401 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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