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General contractors must send notice on private projects.
General Contractors on owner-occupied residential projects, must provide notice of lien rights and identity of subs to be used. This should generally be provided in the contract itself, but if the contract is oral, the notice may be provided within 10 days of beginning work.
General contractors are not required to send notice on public projects.
Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.
On owner-occupied residential projects, subcontractors must provide notice of providing labor/materials to owner upon starting work.
If a second-tier or below sub on a non-residential project, notice must be given to the prime contractor within 30 days of first furnishing materials.
Subcontractors must usually submit notice on public projects.
Subcontractors who didn't contract directly with the owner must send a preliminary notice.
On owner-occupied residential projects, suppliers should provide notice of providing labor/materials to owner upon starting work.
If supplying a sub or sub-sub on a non-residential project, notice must be given to the prime contractor within 30 days of first furnishing materials.
Suppliers who did not contract directly with the owner must send notice on public projects.
Failing to send the notice on time is fatal to any subsequent bond claim.
It depends. Notice requirements in Iowa depend on both the project type and the role of the lien claimant.
Residential projects (1-2 family dwellings)
Notice to Owner: a prime contractor is required to provide this notice on residential projects
Notice of Lien Rights: all subcontractors on residential projects must send this notice
Commercial projects
Sub-Subcontractor Notice: all parties who provide labor, materials, or services to subcontractors must send this notice on commercial projects.
Residential projects (1-2 family dwellings)
Notice to Owner: this notice must be either included in the original contract or provided separately within 10 days of commencement of work.
Notice of Lien Rights: no specific deadline, but the earlier the better, as lien rights will be limited to labor and/or materials furnished after the notice is posted.
• Note, this notice cannot be posted unless a Notice of Commencement (NOC) has been filed. If the owner or GC fails to file a NOC, the sub may do so on their behalf and proceed to file the notice.
• It is also important to note that these filings in Iowa will expire after 2 years pursuant to new lien statutes. Read that new provision here: Iowa Code § 572.34(12).
Commercial projects
Sub-Subcontractor Notice: within 30 days of the claimant’s first date of furnishing labor, materials, or services to the project.
Residential projects (1-2 family dwellings)
Notice to Owner: this notice must be in at least 10pt, boldface type and include the statutory language provided under Iowa Code §572.13, and should read as follows:
Persons or companies furnishing labor or materials for the improvement of real property may enforce a lien upon the improved real property if they are not paid for their contributions, even if the parties have no direct contractual relationship with the owner. The mechanics’ notice and lien registry provides a listing of all persons or companies furnishing labor or materials who have posted a lien or who may post a lien upon the improved property.
MNLR website: https://sos.iowa.gov/mnlr/index.aspx
MNLR toll-free number: (888) 767-8683
→ Download a free Iowa Notice to Owner form here
Notice of Lien Rights: should contain all of the following information:
• Owner’s name;
• MNLR number (found in the NOC);
• Claimant’s name, address, & phone number;
• Prime contractor’s name;
• Property address;
• Legal property description;
• Date of first furnishing; &
• Tax parcel ID number.
→ Download a free Iowa Notice of Lien Rights form here
Commercial projects
Sub-Subcontractor Notice: should, at minimum, include all of the following information:
• Claimant’s name, address, & phone number; &
• Hiring party’s name.
• Providing other identifying information such as the project address, description of labor/materials being furnished, etc. is recommended as well.
Residential projects (1-2 family dwellings)
Notice to Owner: must be provided to the property owner
Notice of Lien Rights: must be filed with the Iowa Mechanics’ Notice & Lien Registry. Once filed, the registry is required to send a copy to the property owner. However, it’s best practice to send a copy to the owner as well to ensure the owner receives the notice.
Commercial projects
Sub-Subcontractor Notice: must be sent to the owner or the owner-builder on the project.
Residential projects (1-2 family dwellings)
Notice to Owner: included in the contract, or provided to the owner by personal service or certified mail, return receipt requested.
Notice of Lien Rights: filed online through the Iowa MNLR, if serving a copy on the owner, certified mail, return receipt requested is considered best practice.
Commercial projects
Sub-Subcontractor Notice: no specific method is required, but certified mail, return receipt requested is considered best practice.
Notices are considered delivered when posted to the online mechanics lien registry, personally served, or when deposited in the mail.
Residential projects (1-2 family dwellings)
Notice to Owner: failure to provide this notice is fatal to the prime contractor’s mechanics lien rights
Notice of Lien Rights: late notice is still effective, but will only secure rights for labor and/or materials provided after the notice is served
Commercial projects
Sub-Subcontractor Notice: failure to send this within the statutory deadline is fatal to the claimant’s lien rights
On Iowa public projects, parties who do not have a direct contractual relationship with the general contractor must provide a Notice to Contractor to preserve the right to make a bond claim or a claim on retainage.
An Iowa Notice to Contractor must be provided within 30 days of the claimant’s first date of furnishing labor, materials, or services to the project.
The Iowa Notice to Contractor for public projects is only required to include:
• Claimant’s name, address, & phone number; &
• Hiring party’s name.
• Providing other identifying information such as the project address, description of labor/materials being furnished, etc. is recommended as well.
→ Download a free Iowa Public Notice to Contractor form here
The Notice to Contractor must be sent to the prime contractor that posted the payment bond on the project.
There is no specific provision in Iowa statutory law that sets forth how the notice must be sent. However, it is generally best practice to send notices via a method that provides evidence that the notice was sent or delivered; such as certified mail, return receipt requested.
Failure to send the Notice to Contractor within the statutory deadline is fatal to a claimant’s right to make a claim against the bond or a claim for retainage.
In Iowa, the preliminary notice requirements differ depending on project type and contractor role. All parties, no matter the tier, may need to provide a preliminary notice in Iowa, but the notice deadlines and content are all different.
Prime contractors need to provide preliminary notice on owner-occupied residential property. This notice should be delivered to the property owner in order to identify subcontractors or suppliers.
Subcontractors and laborers on an owner-occupied residential project must provide notice to the owner when starting work.
Finally, for projects that are not on owner-occupied residential property, there still may be preliminary notice requirements, but the requirements are limited to 2nd-tier and below subcontractors and suppliers.
In Iowa, the notice you must send depends on your tier on the project.
Prime contractors must send a notice to owner on an owner-occupied residential project. Subcontractors need to send a notice to owner of providing labor and materials. Sub-subcontractors on non-residentials must provide notice to the prime contractor. Suppliers must sent the notice to owner of providing labor and materials, and suppliers to suppliers on non-residentials must provide notice to prime contractor.
Levelset’s forms were written by construction attorneys to meet strict requirements under Iowa statutes.
Follow the links to find the form you need, or view all Iowa construction forms here.
Next, fill out your form completely and accurately. Making a mistake when preparing your preliminary notice could invalidate your right to file an Iowa mechanics lien down the road, so make sure you double check the information you include.
This depends on the notice that you must submit.
Prime contractor’s notice to owner-occupier on a residential project may be included in the original contract, or delivered to the owner in writing by certified mail.
A subcontractor’s notice is typically delivered through the Iowa mechanics lien registry website.
A sub-subcontractor’s notice for commercial work is typically mailed – often via certified mail with return receipt requested.
Take care to file, send, or submit your notice within the specified deadline.
Select Preliminary Notice document.
Provide basic job information.
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