1. An action to enforce a mechanic’s lien shall be by equitable proceedings, and no other cause of action shall be joined therewith.
2. a. Except as provided in paragraph “b”, a claimant may only amend a lien statement by leave of court in furtherance of justice.
b. A claimant may amend a lien statement without leave of court to decrease the amount demanded, and such amendment shall be effected through the mechanics’ notice and lien registry. Amendment of a lien statement pursuant to this paragraph shall not change or otherwise affect its priority.
c. A claimant shall not amend a lien statement to increase the amount demanded. [C51, §985; R60, §4183; C73, §2510; C97, §3429; C24, 27, 31, 35, 39, §10295; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.26] 2018 Acts, ch 1097, §3 \n
Notes of Decisions
Capitol City Drywall Corp. v. C. G. Smith Constr. Co., 270 N.W.2d 608 (Iowa 1978).
· cites it 8× “Defendants contend the trial court erred in overruling their motion to strike the amendment adding count II to the petition because the amendment violated § 572.26, The Code. That statute provides: An action to enforce a mechanic’s lien shall be by equitable proceedings, and no…”
North Iowa Steel Co. v. Staley, 112 N.W.2d 364 (Iowa 1961).
· cites it 8× “Plaintiff moved to dismiss the counterclaim as violative of section 572.26 of the Code. The trial court relying on this statute sustained the motion.”
ABM Janitorial Servs.-North Cent., Inc. v. Pami Ryan Town Centre LLC, 601 F. Supp. 2d 1111 (N.D. Iowa 2008).
· cites it 20× “PAMI Ryan argues that the Application violates Iowa Code § 572.26 , which provides that “[a]n action to enforce a mechanic’s lien shall be by equitable proceedings, and no other cause of action shall be joined therewith.”
Carson v. Roediger, 513 N.W.2d 713 (Iowa 1994).
· cites it 2× “Iowa Code § 572.26 (1993). The scope of review is therefore de novo.”
Clemens Graf Droste Zu Vischering v. Kading, 368 N.W.2d 702 (Iowa 1985).
· cites it 2× “2d 149, 151 (Iowa 1977); see Iowa Code § 572.26 (1983). We examine the whole record and determine the parties’ rights anew from the evidence presented.”
Giese Constr. Co. v. Randa, 524 N.W.2d 427 (Iowa Ct. App. 1994).
· cites it 2× “It contends the trial court erred in not ruling in its favor on its mechanic’s lien and quantum meruit claims and in finding Randa was entitled to recover $4,887 on its counterclaim.”
Serv. Unlimited, Inc. v. Elder, 542 N.W.2d 855 (Iowa Ct. App. 1995).
· cites it 2× “They claim the trial court erred in concluding the exterior concrete approaches around the building did not constitute extra work. They also claim the trial court erred in computing damages for the inadequate insulation by using “cost of repair” instead of “reduction in value.”
Rohlin Const. Co., Inc. v. Lakes, Inc., 252 N.W.2d 403 (Iowa 1977).
“Defendants argue this blending is in violation of § 572.26, The Code, which bars joining mechanic’s lien foreclosure actions with independent causes.”
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.