House
File
561
-
Enrolled
House
File
561
AN
ACT
RELATING
TO
THE
PERFECTION
OF
MECHANICS’
LIENS
AND
MECHANICS’
LIENS
REMEDIES
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
572.8,
subsection
3,
Code
2021,
is
amended
to
read
as
follows:
3.
A
lien
perfected
under
this
section
shall
be
limited
to
the
county
or
counties
in
which
the
building,
land,
or
improvement
to
be
charged
with
the
lien
is
situated.
The
county
or
counties
identified
on
the
mechanics’
notice
and
lien
registry
internet
site
at
the
time
of
posting
the
required
notices
pursuant
to
sections
572.13A
and
572.13B
shall
be
the
only
county
or
counties
in
which
the
building,
land,
or
improvement
may
be
charged
with
a
mechanic’s
lien.
Sec.
2.
Section
572.32,
Code
2021,
is
amended
to
read
as
follows:
572.32
Attorney
fees
——
remedies.
1.
In
a
court
action
to
enforce
a
mechanic’s
lien,
or
an
action
brought
upon
any
bond
given
in
lieu
thereof,
a
prevailing
plaintiff
may
be
awarded
reasonable
attorney
fees.
2.
In
a
court
action
to
challenge
a
mechanic’s
lien
posted
on
a
residential
construction
property,
or
any
bond
given
in
lieu
thereof,
if
the
person
challenging
the
lien
or
defending
against
any
action
on
the
bond
prevails,
the
court
may
award
reasonable
attorney
fees
and
actual
damages.
If
the
court
determines
that
the
mechanic’s
lien
was
posted
in
bad
faith
House
File
561,
p.
2
or
the
supporting
affidavit
was
materially
false,
the
court
shall
award
the
owner
reasonable
attorney
fees
plus
an
amount
not
less
than
five
hundred
dollars
or
the
amount
of
the
lien,
whichever
is
less.
Sec.
3.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
2022.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
561,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor