Text: HSB00624                          Text: HSB00626
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 625

Bill Text

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  4 embrace and include 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    Notwithstanding any provision to the contrary, a claim by
  2  7 other provisions of this chapter, and in addition to all other
  2  8 requirements of this chapter, a person furnishing only labor
  2  9 or materials to a subcontractor who is furnishing only
  2 10 materials shall not be entitled to a lien under this chapter
  2 11 unless the person furnishing labor or materials had notified
  2 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 materials and the lien claim is
  2 15 supported by for 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 contractor had been was 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 21 This requirement is in addition to all other requirements of
  2 22 this 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

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Feb 11 03:44:21 CST 1998
URL: /DOCS/GA/77GA/Legislation/HSB/00600/HSB00625/980210.html
jhf