1. In a court action to enforce a mechanic’s lien, or an action brought upon any bond given
in lieu thereof, a prevailing plaintiff may be awarded reasonable attorney fees.
2. In a court action to challenge a mechanic’s lien posted on a residential construction
property, or any bond given in lieu thereof, if the person challenging the lien or defending
against any action on the bond prevails, the court may award reasonable attorney fees and
actual damages. If the court determines that the mechanic’s lien was posted in bad faith
or the supporting affidavit was materially false, the court shall award the owner reasonable
attorney fees plus an amount not less than five hundred dollars or the amount of the lien,
whichever is less.
83 Acts, ch 106, §1; 99 Acts, ch 79, §4; 2012 Acts, ch 1105, §22, 27, 28; 2012 Acts, ch 1138,
§13; 2021 Acts, ch 72, §2, 3
Referred to in §561.21, 631.1
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Notes of Decisions
W.P. Barber Lumber Co. v. Celania, 674 N.W.2d 62 (Iowa 2003).
· cites it 18× “Iowa Code § 572.32 (1) (emphasis added). Celania urges us to reverse the district court’s award of attorney fees, because Barber Lumber, a subcontractor, did not directly furnish material to Celania.”
In the Interest of W.W., 826 N.W.2d 706 (Iowa Ct. App. 2012).
· cites it 6× “32 refers to “successful” plaintiff); see Iowa Code § 572.32 (referring to “prevailing party”).”
Star Equip., Ltd. v. State of Iowa, Iowa Dep't of Transp., 843 N.W.2d 446 (Iowa 2014).
· cites it 4× “2d 11, 23 (Iowa 2001) (holding mechanic’s lien statute, Iowa Code section 572.32, allowed award of appellate fees to be calculated by district court on remand); see also City of Riverdale v.”
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016).
· cites it 2× “§ 572.32(1) (permitting prevailing plaintiff to recover reasonable attorney fees in action to enforce mechanic’s lien); id.”
Nepstad Custom Homes Co. v. Krull, 527 N.W.2d 402 (Iowa Ct. App. 1994).
· cites it 4× “Nepstad argues it should have been awarded attorney fees under Iowa Code section 572.32. Because we have found Nep-stad was not entitled to enforce its mechanic’s lien, we find it is not entitled to trial attorney fees.”
Baumhoefener Nursery, Inc. v. a & D P'ship, II, 618 N.W.2d 363 (Iowa 2000).
· cites it 5× “The resulting judgment, $10,264, was declared enforceable against A & D’s real property, subject to foreclosure and judicial sale if not paid by a date certain.”
Clemens Graf Droste Zu Vischering v. Kading, 368 N.W.2d 702 (Iowa 1985).
· cites it 2× “106, § 1 (codified at Iowa Code § 572.32 (1985)). Droste contends that the trial court erred in giving retroactive effect to that statute.”
Bidwell v. Midwest Solariums, Inc., 543 N.W.2d 293 (Iowa Ct. App. 1995).
· cites it 2× “Where the costs incurred by the owner to complete the contract exceeds the amount due the builder in a mechanic’s lien foreclosure action, it cannot be said the builder was the “successful” party entitled to attorneys fees under section 572.32 of the Iowa Code. IV. Rescission of…”
Kissner v. Brown, 487 N.W.2d 97 (Iowa Ct. App. 1992).
· cites it 2× “the trial court erred in failing to award the damages for breach of an express contract, (3) the trial court erred in failing to award the damages for express contracts with an implied compensation term or for implied contracts, (4) the trial court erred by failing to foreclose…”
— Iowa Code § 572.32(1) — 9 cases
W.P. Barber Lumber Co. v. Celania, 674 N.W.2d 62 (Iowa 2003).
“Iowa Code § 572.32 (1) (emphasis added). Celania urges us to reverse the district court’s award of attorney fees, because Barber Lumber, a subcontractor, did not directly furnish material to Celania.”
— Iowa Code § 572.32(2) — 2 cases
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.