House File 675 S-5195 Amend House File 675, as amended, passed, and 1 reprinted by the House, as follows: 2 1. Page 5, line 8, after < situated. > by inserting 3 < The county identified on the state construction 4 registry internet website at the time of posting the 5 required notices pursuant to sections 572.13A and 6 572.13B shall be the only county in which the building, 7 land, or improvement may be charged with a mechanic’s 8 lien. > 9 2. Page 6, line 12, after < Code > by inserting 10 < Supplement > 11 3. By striking page 6, line 28, through page 7, 12 line 5, and inserting < the improved property.“ > 13 4. Page 8, line 11, after < 3. > by inserting < a. > 14 5. Page 8, by striking lines 14 through 17 and 15 inserting < and send a copy of the owner notice 16 described in section 572.13. The owner notice shall 17 contain the following language: 18 Persons or companies furnishing labor or materials 19 for the improvement of real property may enforce a 20 lien upon the improved property if they are not paid 21 for their contributions, even if the parties have no 22 direct contractual relationship with the owner. The 23 state construction registry provides a listing of all 24 persons or companies furnishing labor or materials who 25 have posted a lien or who may post a lien upon the 26 improved property. If the person or company has posted 27 its notice or lien to the state construction registry, 28 you may be required to pay the person or company even 29 if you have paid the general contractor the full amount 30 due. Therefore, check the state construction registry 31 internet website for information about the property 32 including persons or companies furnishing labor or 33 materials before paying your general contractor. 34 In addition, when making payment to your general 35 contractor, it is important to obtain lien waivers from 36 your general contractor and from persons or companies 37 registered as furnishing labor or materials to your 38 property. The information in the state construction 39 registry is posted on the internet website of the state 40 construction registry. 41 b. Other relevant information may be included with 42 the notice described in subsection 1 as prescribed by 43 the administrator pursuant to rule. 44 c. The notice described in subsection 1 shall be 45 sent to the owner’s address. If the owner’s address 46 is different than the property address, a copy of the 47 notice shall also be sent to the property address, 48 addressed to the owner. > 49 6. Page 20, by striking lines 14 through 22 and 50 -1- HF675.5768 (3) 84 rh/nh 1/ 2 #1. #2. #3. #4. #5.
inserting: 1 < Sec. ___. TRANSITION PROVISION —— 2 NOTICES. Notwithstanding sections 572.13A and 3 572.13B, as enacted by this Act, or any other provision 4 of this Act, for the period commencing January 1, 5 2013, through June 30, 2013, a general contractor, 6 subcontractor, or owner-builder may, as an alternative 7 means of providing notice, submit an affidavit to the 8 administrator, as defined in section 572.1, which shall 9 serve as the requisite notice pursuant to this Act. 10 The administrator shall post such notices to the state 11 construction registry internet website. The affidavit 12 shall be in the form prescribed by the administrator 13 pursuant to rule. 14 Sec. ___. EFFECTIVE DATE. This Act takes effect 15 January 1, 2013. 16 Sec. ___. APPLICABILITY. 17 1. Mechanics’ liens filed prior to the effective 18 date of this Act shall remain with the clerk of the 19 district court of the county in which the building, 20 land, or improvement charged with the lien is situated. 21 2. The notice provisions contained in this Act 22 apply only to material furnished or labor performed 23 after the effective date of this Act. > 24 7. By renumbering as necessary. 25 ______________________________ COMMITTEE ON WAYS AND MEANS JOE BOLKCOM, CHAIRPERSON -2- HF675.5768 (3) 84 rh/nh 2/ 2 #7.