Iowa Admin. Code r. 721-45.4

Current through Register Vol. 47, No. 11, November 27, 2024

Rule 721-45.4 - Posting of notice of commencement of work

(1)Posting by general contractor. A general contractor for residential construction shall post a notice of commencement of work to the MNLR within ten days of commencement of work, or the general contractor is not entitled to a lien or remedies provided in Iowa Code chapter 572.

(2)Information in notice of commencement of work. The information provided shall, at a minimum, include:

a. The name and address of the owner.

b. The name, address, and telephone number of the general contractor or owner-builder.

c. The address of the property or a description of the location of the property if the property cannot be reasonably identified by an address.

d. The legal description of the property.

e. The date work commenced.

f. The tax parcel identification number.

g. The county or counties in which the building, land, or improvement to be charged with the lien is situated.

h. The email address of the person posting or submitting the notice of commencement of work or the email address of another individual or entity designated to receive electronic correspondence on behalf of this person.

(3)Commencement of work owner notice. At the time a notice of commencement of work is posted on the MNLR, the administrator shall mail a written owner notice to the owner's address. If the owner's address is different than the property address, a copy of the notice shall also be sent to the property address, addressed to the owner.

a. The owner notice shall be in boldface type and of a minimum size often points and contain the following language:

"Persons or companies furnishing labor or materials for the improvement of real property may enforce a lien upon the improved 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. If the person or company has posted its notice or lien to the mechanics' notice and lien registry, you may be required to pay the person or company even if you have paid the general contractor the full amount due. Therefore, check the mechanics' notice and lien registry website for information about the property including persons or companies furnishing labor or materials before paying your general contractor. In addition, when making payment to your general contractor, it is important to obtain lien waivers from your general contractor and from persons or companies registered as furnishing labor or materials to your property. The information in the mechanics' notice and lien registry is posted on the website of the mechanics' notice and lien registry."

b. The owner notice shall include the MNLR website address and MNLR toll-free telephone number.

Iowa Admin. Code r. 721-45.4

ARC 0464C, IAB 11/28/12, effective 1/2/2013

Amended by IAB August 23, 2023/Volume XLVI, Number 4, effective 9/27/2023