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Senate File 437

Partial Bill History

Bill Text

PAG LIN
  1  1                                              SENATE FILE 437
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO NOTIFICATION REGARDING MECHANICS' LIENS.
  1  5 
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  7 
  1  8    Section 1.  Section 572.33, Code 1999, is amended to read
  1  9 as follows:
  1 10    572.33  REQUIREMENT OF NOTIFICATION.
  1 11    1.  Notwithstanding other provisions of this chapter, and
  1 12 in addition to all other requirements of this chapter, a
  1 13 person furnishing labor or materials to a subcontractor shall
  1 14 not be entitled to a lien under this chapter unless the person
  1 15 furnishing labor or materials does all of the following:
  1 16    1 a.  Notifies the owner and the principal contractor in
  1 17 writing with a one-time notice containing the name, mailing
  1 18 address, and telephone number of the person furnishing the
  1 19 labor or materials, and the name of the subcontractor to whom
  1 20 the labor or materials were furnished, within thirty days of
  1 21 the first furnishing of the labor or materials for which a
  1 22 lien claim is may be made, including the amount, kind, and
  1 23 value of the labor or materials furnished.  Additional labor
  1 24 or materials furnished by the same person to the same
  1 25 subcontractor for use in the same construction project shall
  1 26 be covered by this notice.
  1 27    2 b.  Supports the lien claim with a certified statement
  1 28 that the principal contractor was notified in writing with a
  1 29 one-time notice containing the name, mailing address, and
  1 30 telephone number of the person furnishing the labor or
  1 31 materials, and the name of the subcontractor to whom the labor
  1 32 or materials were furnished, within thirty days after the
  1 33 labor or materials were first furnished of the amount, kind,
  1 34 and value of the labor or materials furnished, pursuant to
  1 35 paragraph "a".
  2  1    2.  This section shall not apply to a mechanic's lien on
  2  2 single-family or two-family dwellings occupied or used or
  2  3 intended to be occupied or used for residential purposes.
  2  4    3.  Notwithstanding other provisions of this chapter, a
  2  5 principal contractor shall not be prohibited from requesting
  2  6 information from a subcontractor or a person furnishing labor
  2  7 or materials to a subcontractor regarding payments made or
  2  8 payments to be made to a person furnishing labor or materials
  2  9 to a subcontractor.  
  2 10 
  2 11 
  2 12                                                             
  2 13                               MARY E. KRAMER
  2 14                               President of the Senate
  2 15 
  2 16 
  2 17                                                             
  2 18                               RON J. CORBETT
  2 19                               Speaker of the House
  2 20 
  2 21    I hereby certify that this bill originated in the Senate and
  2 22 is known as Senate File 437, Seventy-eighth General Assembly.
  2 23 
  2 24 
  2 25                                                             
  2 26                               MICHAEL E. MARSHALL
  2 27                               Secretary of the Senate
  2 28 Approved                , 1999
  2 29 
  2 30 
  2 31                               
  2 32 THOMAS J. VILSACK
  2 33 Governor
     

Text: SF00436                           Text: SF00438
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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