Iowa Code

Iowa Code § 572.13B (2026)

Preliminary notice — subcontractor — residential construction

✓ current as of July 2026
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1. A subcontractor shall post a preliminary notice to the mechanics’ notice and lien registry internet site. A preliminary notice posted before the balance due is paid to the general contractor or the owner-builder is effective as to all labor, service, equipment, and material furnished to the property by the subcontractor. The preliminary notice shall contain all of the following information:

a. The name of the owner.

b. The mechanics’ notice and lien registry number.

c. The name, address, and telephone number of the subcontractor furnishing the labor, service, equipment, or material.

d. The name and address of the person who contracted with the claimant for the furnishing of the labor, service, equipment, or material.

e. The name of the general contractor or owner-builder under which the claimant is performing or will perform the work.

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

g. The legal description that adequately describes the property to be charged with the lien.

h. The date the material or materials were first furnished or the labor was first performed.

i. The tax parcel identification number.

j. Any other information required by the administrator pursuant to rule.

2. At the time a preliminary notice is posted to the mechanics’ notice and lien registry internet site, the administrator shall send notification to the owner, including the owner notice described in section 572.13, subsection 1, and shall post the mailing of the notice on the mechanics’ notice and lien registry internet site as prescribed by the administrator pursuant to rule. Notices under this section shall not be sent to owner-builders. Upon request, the administrator shall provide proof of service at no cost for the notice required under this section.

3. a. A mechanic’s lien perfected under this chapter is enforceable only to the extent of the balance due the general contractor or the owner-builder at the time of the posting of the preliminary notice specified in subsection 1, and, except for residential construction property owned by an owner-builder, also is enforceable only to the extent of the balance due the general contractor at the time the owner actually receives the notice provided pursuant to subsection 2 or paragraph “b”.

b. (1) In any action to enforce a mechanic’s lien perfected under this chapter against the owner, the subcontractor bears the burden to prove by a preponderance of the evidence that the owner received notice pursuant to subsection 2. A subcontractor may satisfy the burden \n Tue Dec 09 22:00:42 2025 Iowa Code 2026, Chapter 572 (38, 0) 7 MECHANIC’S LIEN, §572.16\n\nof proof by providing separate notice to an owner by including but not limited to any of the following means:

(a) By certified mail with return receipt.

(b) By personal service in the manner original notices are required to be served.

(c) By actual notice with a signed receipt from the owner acknowledging notice.

(2) If the subcontractor provides an affidavit of mailing, the presumption is that the owner received the notice on the fourth day of business for the post office after the notice was sent and the burden of proof shifts from the subcontractor to the owner to refute the presumption.

4. A subcontractor who fails to post a preliminary notice pursuant to this section shall not be entitled to a lien and remedy provided under this chapter.

5. This section applies only to residential construction properties. 2012 Acts, ch 1105, §10, 27, 28; 2012 Acts, ch 1138, §13, 41, 43; 2013 Acts, ch 90, §257; 2013 Acts, ch 99, §6, 7; 2014 Acts, ch 1092, §127 Referred to in §572.8, 572.13A, 572.14, 572.16, 572.18, 572.34 \n

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2016–2022 · leading case: Stand. Water Control Sys., Inc., plaintiff-appellees/counterclaim-defendants v. Michael D. Jones & Cori Jones, defendants-appellants/counterclaim-plaintiffs., 888 N.W.2d 673 (Iowa Ct. App. 2016).
Stand. Water Control Sys., Inc., plaintiff-appellees/counterclaim-defendants v. Michael D. Jones & Cori Jones, defendants-appellants/counterclaim-plaintiffs., 888 N.W.2d 673 (Iowa Ct. App. 2016). · cites it 4× “Section 572.13B also provides support for Standard Water’s interpretation.”
Borst Bros. Constr., Inc. v. Fin. of Am. Com., LLC (Iowa 2022). · cites it 52× “The court found that Borst’s and Kelly’s mechanics’ liens on the residential properties were valid because the preliminary notices met the requirements for subcontractors as set forth in Iowa Code section 572.13B. The court also rejected Dostal Developers’ argument that FAC had…”
Borst Bros. Constr., Inc. v. Thomas Dostal Developers, Inc. (Iowa Ct. App. 2021). · cites it 6× “If a general contractor or owner-builder fails to post the required notice of commencement of work to the [MNLR] internet website pursuant to subsection 1, within ten days of commencement of the work on the property, a subcontractor may post the notice in conjunction with the…”
— Iowa Code § 572.13B(1) — 2 cases
Borst Bros. Constr., Inc. v. Fin. of Am. Com., LLC (Iowa 2022). “The court found that Borst’s and Kelly’s mechanics’ liens on the residential properties were valid because the preliminary notices met the requirements for subcontractors as set forth in Iowa Code section 572.13B. The court also rejected Dostal Developers’ argument that FAC had…”
Borst Bros. Constr., Inc. v. Thomas Dostal Developers, Inc. (Iowa Ct. App. 2021). “If a general contractor or owner-builder fails to post the required notice of commencement of work to the [MNLR] internet website pursuant to subsection 1, within ten days of commencement of the work on the property, a subcontractor may post the notice in conjunction with the…”
— Iowa Code § 572.13B(1)(b) — 1 case
Borst Bros. Constr., Inc. v. Fin. of Am. Com., LLC (Iowa 2022). “The court found that Borst’s and Kelly’s mechanics’ liens on the residential properties were valid because the preliminary notices met the requirements for subcontractors as set forth in Iowa Code section 572.13B. The court also rejected Dostal Developers’ argument that FAC had…”
— Iowa Code § 572.13B(1)(c) — 1 case
Borst Bros. Constr., Inc. v. Fin. of Am. Com., LLC (Iowa 2022). “The court found that Borst’s and Kelly’s mechanics’ liens on the residential properties were valid because the preliminary notices met the requirements for subcontractors as set forth in Iowa Code section 572.13B. The court also rejected Dostal Developers’ argument that FAC had…”
— Iowa Code § 572.13B(3)(a) — 1 case
Borst Bros. Constr., Inc. v. Fin. of Am. Com., LLC (Iowa 2022). “The court found that Borst’s and Kelly’s mechanics’ liens on the residential properties were valid because the preliminary notices met the requirements for subcontractors as set forth in Iowa Code section 572.13B. The court also rejected Dostal Developers’ argument that FAC had…”
— Iowa Code § 572.13B(4) — 1 case
Borst Bros. Constr., Inc. v. Fin. of Am. Com., LLC (Iowa 2022). “The court found that Borst’s and Kelly’s mechanics’ liens on the residential properties were valid because the preliminary notices met the requirements for subcontractors as set forth in Iowa Code section 572.13B. The court also rejected Dostal Developers’ argument that FAC had…”
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