New Hampshire Preliminary Notice Guide and FAQs

New Hampshire requires a preliminary notice to be sent by all parties who do not have a direct contract with the property owner.

New Hampshire mechanics lien statutes require that a preliminary notice (notice of intent to lien) be given prior to the delivery of labor and/or materials to the project. Also, a written account of the labor and/or materials furnished in the preceding 30 days is required to be given every 30 days after the original preliminary notice is given. However, practically speaking, the time period in which the preliminary notice may be given is probably longer. A preliminary notice may be given at any time prior to the lien claim itself, but the lien will only be effective against the amounts owed by the property owner to the general contractor at the time the preliminary notice is served on the owner – therefore, the sooner the preliminary notice is served, the more likely the lien will be effective. Also, there has been some disagreement in the courts as to the specific timing and necessity of the written statements of account to be given after the preliminary notice.

If the preliminary notice is not given prior to furnishing labor and/or materials, it can be given later, as long as it is given prior to the lien itself. However, a lien is only effective against the amounts owed by the property owner to the general contractor at the time the preliminary notice is served on the owner, so a lien may potentially  be rendered ineffective if the preliminary notice is sent late. Failure to give the statement of account required to be given subsequently to or concurrently with the preliminary notice is complicated. Courts disagree, but it may render part of the lien claim (corresponding to the missed statement) invalid.

New Hampshire statutes do not state how the service of the preliminary notice on the owner should be accomplished, merely that a notice should be “furnished” to the property owner. Sending the notice by certified mail, return receipt requested, may be advisable.

The notice should also be delivered to the mortgagee of a construction m

Because the statutes do not state how service is to be accomplished, this is left unanswered. To be safe, consider the notice delivered when received or refused if sent by certified mail.

Preliminary notice is not specifically required for either a lien on the funds due from the public entity or a claim on the contractor’s bond. However, any party may give preliminary notice, and, at least prior to claiming a lien on the contract funds it may be best practice to provide a preliminary notice similar to the preliminary notice required for a private mechanic’s lien.

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