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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of New Hampshire's mechanic's lien laws to help you protect your right to payment.
Not required
Must send a written preliminary notice to the owner before furnishing labor or materialsOnce submitted, must provide itemized 30-day accounts of work performed/materials supplied
Must send a written preliminary notice to the owner before performing labor
Once submitted, must provide itemized 30-day accounts of labor performed
Not required
Not required
Not required
No lien filing step; liens arise automatically when work is furnished
No lien filing step; liens arise automatically when work is furnished
No lien filing step; liens arise automatically when work is furnished
Must secure lien through attachment within 120 days after last furnishing
Must secure lien through attachment within 120 days after last furnishing
Must secure lien through attachment within 120 days after last labor performed
Unpaid contract balance
Unpaid value of labor, materials, supplies, or design services
Unpaid wages for labor performed
Governed by RSA 447:1-14, Mechanic's lien rights in New Hampshire only apply to private construction projects. (Public projects cannot be liened; unpaid subcontractors, suppliers, and laborers must instead pursue payment through New Hampshire's public-works bond process.)
New Hampshire's lien system works differently from most states. You don't record a lien document. Instead, a lien arises automatically when you furnish labor or materials, and it becomes enforceable only when you secure it through a court-ordered attachment within the 120-day lien window.
Subcontractors and suppliers must also follow strict notice rules, including sending a written preliminary notice and providing itemized 30-day accounts to the owner. Overall, the statutes are brief, and the deadlines are strict. Let's get into it.
Under RSA 447, New Hampshire mechanic’s lien rights extend broadly to include:
- General (original) contractors
- Subcontractors and lower-tier subcontractors
- Material suppliers and suppliers of fuel or consumables
- Laborers and wage earners
- Licensed design professionals, including architects, engineers, surveyors, landscape architects, septic designers, and certified soil or wetland scientists
- Parties involved in brickmaking, lumber processing, logging, or hauling
- Railroad construction participants
- Those performing labor or furnishing materials to vessels (limited four-day window)
If you fall into one of the eligible role categories and you’ve provided at least $15 worth of labor, materials, supplies, or design services on a private project, your work is generally lienable.
That said, not every contribution qualifies. Below are some examples of what is considered lienable, and what isn’t.
Lienable Work in New Hampshire
- Building or repairing homes, buildings, or structures
- Constructing bridges, dams, wells, canals, or appurtenances
- Logging, cutting, hauling, or processing wood, bark, logs, or lumber
- Brickmaking (labor, materials, and fuel)
- Railroad grading, masonry, bridging, or track-laying
- Furnishing supplies used in the prosecution of the work
- Design services directly related to improving real property
Non-Lienable Work in New Hampshire
- Work on public projects
- Work furnished after the 120-day lien period expires
- Work performed without giving the required notice to the owner (for subs and suppliers)
As mentioned, New Hampshire is unique because there’s no true lien-filing step. Here’s how the process works:
- A lien arises automatically: Once you furnish labor, materials, or design services worth at least $15 on a private project, a lien is created by statute. You don’t have to record anything.
- It lasts 120 days: Under RSA 447:9, the lien remains valid for 120 days after your last day of work or final delivery of materials. If you do nothing during this window, the lien expires.
The only way to keep it alive is to get a court-ordered attachment before the 120-day window ends.
To enforce your lien—and make it legally effective—you must file a petition in the Superior Court and obtain a court-ordered attachment on the property. The Superior Court will review your petition and, if approved, will issue an attachment order to legally encumber the property (meaning the owner can’t sell or refinance it). Most of the time, cases settle at this attachment stage.
However, if you don’t enforce the lien properly, it lapses.
- Enforcement deadline: Secure the attachment within 120 days of last furnishing.
- Filing location: File a petition in the county’s Superior Court (often an ex parte petition for attachment). Your request for attachment should be submitted with the petition and may be approved without advance notice to the owner.
- Lien priority: Once attached, the lien sits ahead of later claims and may even outrank a construction mortgage unless the lender handled disbursements correctly. If several contractors file liens, the court splits available funds among them according to the amount of each claim.
- Lien release: After payment is received, you must release the attachment through the court—typically by filing a release of attachment or a stipulation of dismissal.
- Unified workflow: Manage lien rights within your billing and collections workflow to keep payment context in one place.
- Automated compliance: Automatically track critical deadlines and milestones based on each state's lien laws.
- Meaningful visibility: View the lien protection status for each project to identify and mitigate risk.
- Document creation: Generate state-specific lien notices instantly using existing project data
- Integrated delivery: Send notices via certified mail directly from Siteline to streamline delivery.
Generally, yes. RSA 447 doesn’t require a contractor’s license to claim a lien, so lien rights usually exist if you performed the work and met the statute’s requirements (e.g., $15 minimum, notice, timing).
However, some trades (like electrical or plumbing) have separate licensing laws, and doing regulated work without a license can create other legal issues or give the owner defenses. Plus, an unlicensed contractor’s lien is more likely to be challenged, so getting legal advice is recommended.
Yes. Subcontractors, suppliers, and laborers do not need a direct contract with the owner to have lien rights in New Hampshire.
No. New Hampshire’s lien deadlines are fixed and can’t be shortened.
No. New Hampshire does not require a separate notice of intent to lien (NOI) the way some states do.
It depends on your role.
- General contractors: No. New Hampshire does not require a preliminary notice from GCs.
- Subcontractors, suppliers, and laborers: Yes. Under RSA 447:5, anyone who doesn’t contract directly with the owner (subs, lower-tier subs, suppliers, laborers, many design pros) must give written notice to the owner (or person in charge) stating they will claim a lien.
This notice should be sent before work begins or materials are furnished whenever possible. If it’s sent later, your lien only reaches funds the owner still owes the GC at the time they receive your notice.
On top of that, once notice is given, subs and suppliers must send itemized 30-day accounts of their work to keep those rights intact (RSA 447:8).
No, New Hampshire doesn’t provide a statutory lien waiver form. However, every state has its own set of lien waiver rules; brush up on New Hampshire’s in our handy lien waiver guide.
In New Hampshire, you can lien for the value of the labor, materials, supplies, or professional design services you actually furnished on the project. This typically includes:
- Unpaid contract amounts for labor and materials provided
- Extra work or change-order work that fits within the statute
- For laborers, wages for work performed
Important limits:
- For subs and suppliers, your lien is capped by what the owner still owes the GC when your notice is received (RSA 447:6 and 447:8).
- Items like attorney’s fees, interest, or consequential damages generally aren’t “lienable,” even though you may pursue them in the lawsuit.
No. New Hampshire law doesn’t require a written contract, although it makes enforcement much easier. Lien rights can arise from written, verbal, or implied agreements as long as you actually furnished labor, materials, or services and can prove it.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.