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House File 561 - EnrolledAn Actrelating 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
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 GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident 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 NELSONChief Clerk of the HouseApproved _______________, 2021______________________________
KIM REYNOLDSGovernor
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cm/jh/md
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
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 GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident 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 NELSONChief Clerk of the HouseApproved _______________, 2021______________________________
KIM REYNOLDSGovernor
-1-
cm/jh/md