New Hampshire Notice Requirements
Preliminary Notice Obligations for Private Works & Public Projects Under N.H. RSA §447:1 et seq.
General Contractors — No Preliminary Notice Required
Under New Hampshire law, general contractors who have a direct contract with the property owner are not required to serve a preliminary notice before filing an attachment mechanic lien. The direct contractual relationship is sufficient to establish the basis for a mechanic lien claim.
However, general contractors should maintain detailed records of all contracts, change orders, invoices, and correspondence to support any future mechanic lien claim. Proper documentation is essential given the compressed 120-day timeline for both filing and enforcement.
Subcontractors & Suppliers — 15-Day Notice to Owner
Subcontractors and material suppliers who do not have a direct written contract with the property owner must provide written notice to the owner within 15 days of commencing work or first furnishing materials. This notice is intended to inform the owner of the subcontractor's or supplier's involvement in the project and potential mechanic lien rights.
The notice must identify the claimant, describe the nature of the labor or materials being furnished, and identify the property. The 15-day deadline is one of the shortest preliminary notice periods in the country, requiring claimants to act quickly to preserve their rights.
Public Works — Bond Claim Notice (N.H. RSA §447:16)
On public works projects in New Hampshire, mechanic liens cannot be filed against public property. Instead, claimants must pursue bond claims under N.H. RSA §447:16. Claimants must provide written bond claim notice within 90 days of last furnishing labor or materials.
The notice must be served on the general contractor and the surety, if applicable. It must identify the claimant, the nature and value of the labor or materials furnished, and the public project. Failure to provide timely notice may bar the bond claim.
Service Methods & Documentation
All New Hampshire construction mechanic lien notices should be served by certified mail, return receipt requested, or by personal delivery with documented proof of receipt. Given the short 15-day preliminary notice window for subcontractors and suppliers, prompt action is essential.
Claimants should maintain detailed records of all notices sent, including dates, recipients, method of service, and delivery confirmations. These records are critical evidence in any mechanic lien enforcement or bond claim proceeding.
Frequently Asked Questions
Do general contractors need to serve a preliminary notice in New Hampshire?
No. General contractors who have a direct contract with the property owner are not required to serve a preliminary notice under New Hampshire law.
What is the notice deadline for New Hampshire subcontractors?
Subcontractors and suppliers without a direct written contract with the owner must provide written notice to the owner within 15 days of commencing work or first furnishing materials.
What notice is required for New Hampshire public works bond claims?
Claimants must provide written bond claim notice within 90 days of last furnishing labor or materials under N.H. RSA §447:16.
What happens if I miss the 15-day notice deadline in New Hampshire?
Failure to provide timely notice within 15 days may result in the loss of attachment mechanic lien rights for subcontractors and suppliers who do not have a direct written contract with the owner.
How does National Lien & Bond help with New Hampshire notice requirements?
National Lien & Bond provides attorney-backed compliance and recovery services, including deadline tracking, notice preparation, and coordination with legal counsel to ensure all New Hampshire notice requirements are met on time.
Related New Hampshire Resources
Explore other critical compliance areas for New Hampshire construction mechanic lien law.
Mechanic Lien Deadlines
Attachment mechanic lien within 120 days of last furnishing for all claimants under N.H. RSA §447:1 et seq.
Mechanic Lien Enforcement Deadlines
Suit within the 120-day attachment period; public works bond claims between 60 days and 1 year after last furnishing
New Hampshire Overview
Return to the main New Hampshire construction mechanic lien law page