If you are working on a construction project, or own property being worked on, it’s important to understand mechanic’s liens. They can affect your ability to get paid or sell or refinance your property—and Iowa has very specific rules for residential and commercial properties.
What Is a Mechanic’s Lien in Iowa?
A mechanic’s lien is a legal claim against a property by a contractor, subcontractor, or supplier who has not been paid for labor or materials provided to improve that property. In Iowa, mechanic’s liens are governed by Iowa Code chapter 572.
Mechanic’s liens:
- Attach to the real estate itself;
- Can delay the sale or refinancing of the property; and
- May eventually lead to foreclosure if not resolved
Mechanic’s Lien Process in Iowa—Basics
Before you can enforce a mechanic’s lien in Iowa, you generally must:
- File and deliver the correct preliminary notices within the correct timeframe (for residential work).
- File the lien with the Iowa Secretary of State (not the county recorder) within the correct timeframe.
- Serve notice of the lien on the property owner.
- Initiate the lawsuit to enforce (sue on) the lien within deadline if payment isn’t made.
The rules are different for residential and commercial projects and it is important to make sure you understand the rules relating to the the type of property you are working on before moving forward.
I. Residential Projects (single- or two-family dwelling)
Extra protections apply to residential property in Iowa. Here’s what contractors and subcontractors must do:
A. Post a Notice of Commencement of Work
- Who: The general contractor.
- When: Within 10 days after work begins on the project.
- Where: File electronically with the Iowa Secretary of State's Mechanic’s Notice and Lien Registry (“MNLR”).
B. Provide a Notice to Owner
- Who: The general contractor.
- When: Within 10 days after work begins on the project.
- How: Deliver it personally or by certified mail.
- Why: This notice tells the homeowner that subcontractors and suppliers can also file liens if unpaid.
C. Preliminary Notice
If you’re a subcontractor on residential property, you must post a preliminary notice (called a “subcontractor notice”) to the MNLR. Otherwise, you lose your lien rights.
D. Filing the Actual Lien
- When: Within 90 days after the last date you provided labor or materials.
- Where: File the lien through the MNLR, not with the county.
- Note: If you miss the 90-day window, you can still file within 2 years and 90 days of the last date you provided labor or materials—but the lien enforceability may be limited.
E. Enforcing the Lien
You must file a lawsuit to enforce the lien within 2 years and 90 days from the date from the date on which the last material was furnished or labor was performed.
II. Commercial Projects (Non-Residential)
The rules for commercial projects are a little simpler.
A. No Mandatory Notice of Commencement or Owner Notice
Unlike residential jobs, no Notice of Commencement or Owner Notice is required to be filed or provided by the general contractor.
B. No Preliminary Notice
Subcontractors don’t have to file a “Preliminary Notice” for commercial work.
C. Filing the Lien
- When: Within 90 days after the last labor or materials was provided.
- Where: File the lien through the MNLR.
- Note: If you miss the 90-day deadline, you can still file within 2 years and 90 days of the last date you provided labor or materials, but lien enforceability may be limited.
D. Enforcing the Lien
You have 2 years and 90 days after the date on which the last material was furnished or labor was performed
Key Mistakes to Avoid in Iowa
- Missing the 10-day or Oreliminary notice (for residential jobs)
- Filing with the wrong office (usethe MNLR—not county recorder offices)
- Waiting too long to file your lien or your lawsuit
- Forgetting to serve the property owner after filing your lien
Quick Reference Table
Final Thoughts
Mechanic’s liens in Iowa can be powerful tools, but only if you follow the rules. If you are a contractor, subcontractor, supplier, or property owner with questions about liens, it’s critical to get legal help early.
