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Notice of work commencement and notice to owner

Iowa

I am a GC working on a new project in the state of Iowa. Please confirm a "Notice of Work Commencement" and a "Notice to Owner" are both required within 10 days to preserve our lien rights on the project. Or Is one or the other sufficient? Thank you,

1 reply

Mar 31, 2021

It depends on the project type. 

Residential Projects (1-2 family dwellings)

On residential projects in Iowa, a general contractor must provide both a Notice of Work Commencement and a Notice to Owner to secure their lien rights .

The Notice of Commencement must be filed with the Iowa Mechanics Notice & Lien Registry within 10 days of commencement of the work. Failure to do so if fatal to a general contractor's lien rights on such projects.

As for the Notice to Owner, the notice language, found under Iowa Code §572.13, is also required from general contractors. This is typically included in the contract itself, or served within 10 days of commencement of the work. Failure to provide this notice is also fatal to a GC's lien rights.

All other projects

On all other type of private projects in Iowa, general contractors are not required to provide any notices in order to have the right to file a mechanics lien.

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