Text: HSB00624 Text: HSB00626 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 572.1, subsection 2, Code 1997, is 1 2 amended to read as follows: 1 3 2. "Material" shall, in addition to its ordinary meaning, 1 4embrace andinclude machinery, tools, fixtures, trees, 1 5 evergreens, vines, plants, shrubs, tubers, bulbs, hedges, 1 6 bushes, sod, soil, dirt, mulch, peat, fertilizer, fence wire, 1 7 fence material, fence posts, tile, and the use of forms, 1 8 accessories, and equipment. 1 9 Sec. 2. Section 572.2, Code 1997, is amended to read as 1 10 follows: 1 11 572.2 PERSONS ENTITLED TO LIEN. 1 12 1. Every person who shall furnish any material or labor 1 13 for, or perform any labor upon, any building or land for 1 14 improvement, alteration, or repair thereof, including those 1 15 engaged in the construction or repair of any work of internal 1 16 or external improvement, and those engaged in grading, 1 17 sodding, installing nursery stock, landscaping, sidewalk 1 18 building, fencing on any land or lot, by virtue of any 1 19 contract with the owner, the owner's agent, trustee, 1 20 contractor, or subcontractor shall have a lien upon such 1 21 building or improvement, and land belonging to the owner on 1 22 which the same is situated or upon the land or lot so graded, 1 23 landscaped, fenced, or otherwise improved, altered, or 1 24 repaired, to secure payment for the material or labor 1 25 furnished or labor performed. 1 26 2. If material is rented by a person to the owner, the 1 27 owner's agent, trustee, contractor, or subcontractor, the 1 28 person shall have a lien upon such building, improvement, or 1 29 land to secure payment for the material rental. The lien is 1 30 for the reasonable rental value during the period of actual 1 31 use of the material and any reasonable periods of nonuse of 1 32 the material taken into account in the rental agreement. The 1 33 delivery of material to such building, improvement, or land, 1 34 whether or not delivery is made by the person, creates a 1 35 presumption that the material was used in the course of 2 1 alteration, construction, or repair of the building, 2 2 improvement, or land. 2 3 Sec. 3. Section 572.33, Code 1997, is amended to read as 2 4 follows: 2 5 572.33 REQUIREMENT OF NOTIFICATION. 2 6 Notwithstandingany provision to the contrary, a claim by2 7 other provisions of this chapter, and in addition to all other 2 8 requirements of this chapter, a person furnishingonlylabor 2 9 or materials to a subcontractorwho is furnishing only2 10materialsshall not be entitled to a lien under this chapter 2 11 unless the person furnishing labor or materialshad notified2 12 does all of the following: 2 13 a. Notifies the principal contractor within thirty days of 2 14 the furnishing of the labor or materialsand the lien claim is2 15supported byfor which a lien claim is made, including the 2 16 amount, kind, and value of the labor or materials furnished. 2 17 b. Supports the lien claim with a certified statement that 2 18 the principal contractorhad beenwas notified within thirty 2 19 days after the labor or materials were furnished of the 2 20 amount, kind, and value of the labor or materials furnished. 2 21This requirement is in addition to all other requirements of2 22this chapter.2 23 EXPLANATION 2 24 This bill amends Code section 572.2 to establish a 2 25 mechanic's lien for a person who rents to an owner, owner's 2 26 agent, trustee, contractor, or subcontractor, material used in 2 27 the course of alteration, construction, or repair of the 2 28 owner's building, improvement, or land. The mechanic's lien 2 29 is for the reasonable rental value during the period of actual 2 30 use of the material and any reasonable periods of nonuse of 2 31 the material taken into account in the rental agreement. The 2 32 bill provides that the delivery of material to such building, 2 33 improvement, or land creates a presumption that the material 2 34 was used in the course of alteration, construction, or repair 2 35 of the building, improvement, or land. 3 1 This bill also amends Code section 572.33 regarding 3 2 mechanic's liens for labor or materials furnished to a 3 3 subcontractor. The current Code section addresses only the 3 4 situation where materials are furnished to the subcontractor. 3 5 The bill adds the furnishing of labor as grounds for a lien 3 6 claim. In addition, a person furnishing such labor or 3 7 materials must notify the principal contractor within thirty 3 8 days of the amount, kind, and value of the labor or materials 3 9 furnished, and support the lien claim with a certified 3 10 statement regarding that notification. 3 11 The bill expands the definition of material in Code section 3 12 572.1 to include tools. Existing law includes machinery, 3 13 equipment, trees, plants, dirt, fence material, and other 3 14 accessories, among the items defined as "materials". 3 15 LSB 3926HC 77 3 16 jls/sc/14
Text: HSB00624 Text: HSB00626 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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