A general contractor or a subcontractor may perfect a mechanic’s lien pursuant to section
572.8 beyond ninety days after the date on which the last of the material was furnished or the
last of the labor was performed by posting a lien to the mechanics’ notice and lien registry
internet site and giving written notice thereof to the owner. Such notice may be served by any
person in the manner original notices are required to be served. If the party to be served is
out of the county wherein the property is situated, a return of that fact by the person charged
with making such service shall constitute sufficient service from and after the time it was
posted to the mechanics’ notice and lien registry internet site.
[C73, §2133; C97, §3094; SS15, §3094; C24, 27, 31, 35, 39, §10279; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, §572.10]
87 Acts, ch 79, §2; 2007 Acts, ch 83, §6; 2012 Acts, ch 1105, §6, 27, 28; 2012 Acts, ch 1138,
§13, 40, 43; 2013 Acts, ch 90, §257
Referred to in §572.11, 572.20
Service of notice, R.C.P. 1.302 – 1.315
\n
Notes of Decisions
Schaffer v. Frank Moyer Constr., Inc., 628 N.W.2d 11 (Iowa 2001).
· cites it 8× “The contractor or subcontractor can perfect the lien after the ninety-day period by following the notice procedure in Iowa Code section 572.10. Liens perfected under this latter provision, however, are enforced "only to the extent of the balance due from the owner to the…”
Randall v. Colby, 190 F. Supp. 319 (N.D. Iowa 1961).
· cites it 5× “* * * ” Sections 572.10 and 572.11 relate to the perfecting of mechanic’s liens after sixty days, and Sections 572.”
Griess & Ginder Drywall, Inc. v. Moran, 561 N.W.2d 815 (Iowa 1997).
· cites it 10× “Iowa Code § 572.10 . The subcontractor perfects the hen by filing it with the clerk of the district court and giving written notice of it to the owner in the manner of the service of an original notice.”
Bourrett v. W. M. Bride Constr. Co., 84 N.W.2d 4 (Iowa 1957).
· cites it 2× “Liens perfected under section 572.10 shall be enforced against the property or upon the bond, if given by the owner, as hereinafter provided, only to the extent of the balance due from the owner to the contractor at the time of the service of such notice; but if the bond was…”
Pay-N-Taket, Inc. v. Crooks, 145 N.W.2d 621 (Iowa 1966).
“Taken alone they show a large balance owing to Slade but this cannot be done. Defendant testified many expenditures were made which had not been entered on these ledger sheets.”
Kelly Concrete Co., Inc. v. Jim Sattler, Inc. (Iowa Ct. App. 2021).
· cites it 23× “In their motion to dismiss, the Stephensons alleged Kelly failed to perfect its lien because they were “never personally served with [Kelly’s] mechanic’s lien as required by Iowa Code § 572.10 .” Attached were affidavits from the Stephensons stating they were never personally…”
Diecke v. Lumber Supply, Inc., 149 N.W.2d 822 (Iowa 1967).
· cites it 11× “filed a mechanic’s lien for $3312 and served notice thereof in accordance with the statute, section 572.10, Code, 1966, since his lien was filed more than 60 days after the last item had been furnished.”
C. E. Sparrow Co. v. W. H. Hartman Co., 121 N.W.2d 98 (Iowa 1963).
· cites it 10× “The supplier had not been paid by subcontractor and on July 30, 1959, its mechanic’s lien was filed and the owner was served legally with notice as provided in section 572.10, Code of Iowa. More than 60 days had elapsed since the furnishing of the material but at that time the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.