Lien deadlines · New Hampshire

New Hampshire mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

New Hampshire's chapter 447 provides no lien filing: the Lien filing stage reads None required for every role (N.H. Rev. Stat. Ann. §§ 447:9, 447:10). To secure the lien by attachment of the property while the lien continues, the Deadline to sue rule for every role reads 120 days after the services are performed, or the materials, supplies or other things are furnished (§§ 447:9, 447:10).

New Hampshire · Lien deadlinesVerified 2026-10-02
Lien filing
None required
Chapter 447 provides no lien filing: the lien created by RSA 447:2-7 continues for 120 days after the services are performed, or the materials, supplies or other things are furnished, unless payment therefor is previously made, and it may be secured by attachment of the property at any time while it continues.
Preliminary notice
Subcontractor, Sub-subcontractor, Supplier, Laborer: Before performing the labor or furnishing the material for which it is claimed; Where a construction mortgage has been executed, for a notice to the institution providing the construction funds: Within 15 business days of the posting required in paragraph I or of commencing to furnish services, materials, supplies or other things, whichever is later
Deadline to sue
To secure the lien by attachment of the property while the lien continues: 120 days after the services are performed, or the materials, supplies or other things are furnished

Preliminary notice

WhoProject typeBranchDeadlineStatute
Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultBefore performing the labor or furnishing the material for which it is claimedStatute: N.H. Rev. Stat. Ann. § 447:5; N.H. Rev. Stat. Ann. § 447:6
What the statute says about it. The notice may be given after the labor is performed, the professional design services are provided, or the material is furnished, and the lien is then valid to the extent of the amount then due or that may thereafter become due to the contractor, agent or subcontractor of the owner. Recipients: The owner or the person having charge of the property. Delivery: In writing.
Subcontractor, Sub-subcontractor, Supplier, LaborerAnyAn account in writing, for any person giving notice as provided in RSA 447:5-7As often as once in 30 daysStatute: N.H. Rev. Stat. Ann. § 447:8
What the statute says about it. The owner or person in charge retains a sufficient sum of money to pay the claim, and is not liable for it to the agent, contractor or subcontractor unless the agent, contractor or subcontractor first pays it. Recipients: The owner, or the person having charge of the property on which the lien is claimed.
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyWhere a construction mortgage has been executed, for a notice to the institution providing the construction fundsWithin 15 business days of the posting required in paragraph I or of commencing to furnish services, materials, supplies or other things, whichever is laterStatute: N.H. Rev. Stat. Ann. § 447:12-b, II; N.H. Rev. Stat. Ann. § 447:12-b, I
What the statute says about it. Failure to provide the notice does not alone invalidate the lien. Recipients: The institution providing the construction funds. Delivery: Written notice.
If a person shall perform labor, provide professional design services as defined in RSA 447:2, or furnish materials to the amount of $15 or more for any of the purposes specified in RSA 447:2, 447:3 and 447:4 and in RSA 453, by virtue of a contract with an agent, contractor or subcontractor of the owner, the person shall have the same lien as provided in said sections, provided, that he or she gives notice in writing to the owner or to the person having charge of the property that he or she shall claim such lien before performing the labor or furnishing the material for which it is claimed.
N.H. Rev. Stat. Ann. § 447:5 · Archived copy of the official text, captured 2026-05-11
Such notice may be given after the labor is performed, the professional design services are provided, or the material is furnished, and said lien shall be valid to the extent of the amount then due or that may thereafter become due to the contractor, agent or subcontractor of the owner.
N.H. Rev. Stat. Ann. § 447:6 · Archived copy of the official text, captured 2026-09-09
Any person giving notice as provided in RSA 447:5-7 shall, as often as once in 30 days, furnish to the owner, or person having charge of the property on which the lien is claimed, an account in writing of the labor performed, professional design services provided, or materials furnished during the 30 days; and the owner or person in charge shall retain a sufficient sum of money to pay such claim, and shall not be liable to the agent, contractor or subcontractor therefor, unless the agent, contractor or subcontractor shall first pay it.
N.H. Rev. Stat. Ann. § 447:8 · Archived copy of the official text, captured 2026-05-11
II. Any person entitled to a lien pursuant to RSA 447:2-7 shall, within 15 business days of the posting required in paragraph I or of commencing to furnish services, materials, supplies or other things, whichever is later, provide written notice to the institution providing the construction funds that such person is furnishing services, materials, supplies or other things.
N.H. Rev. Stat. Ann. § 447:12-b, II · Archived copy of the official text, captured 2025-04-18
I. Within 10 business days of the execution of a construction mortgage, including any refinancing thereof, the mortgagor or his agent shall post in a conspicuous place on the jobsite for which the construction funds were secured, the name, address and telephone number of the institution providing the construction funds.
N.H. Rev. Stat. Ann. § 447:12-b, I · Archived copy of the official text, captured 2025-04-18
Failure to provide the notice required by this paragraph shall not alone invalidate the lien created by RSA 447:2-7.
N.H. Rev. Stat. Ann. § 447:12-b, II · Archived copy of the official text, captured 2025-04-18

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultNone requiredStatute: N.H. Rev. Stat. Ann. § 447:9; N.H. Rev. Stat. Ann. § 447:10
What the statute says about it. Chapter 447 provides no lien filing: the lien created by RSA 447:2-7 continues for 120 days after the services are performed, or the materials, supplies or other things are furnished, unless payment therefor is previously made, and it may be secured by attachment of the property at any time while it continues.
The lien created by RSA 447:2-7, inclusive, shall continue for 120 days after the services are performed, or the materials, supplies or other things are furnished, unless payment therefor is previously made, and shall take precedence of all prior claims except liens on account of taxes.
N.H. Rev. Stat. Ann. § 447:9 · Archived copy of the official text, captured 2026-05-11
Any such lien may be secured by attachment of the property upon which it exists at any time while the lien continues, the writ and return thereon distinctly expressing that purpose.
N.H. Rev. Stat. Ann. § 447:10 · Archived copy of the official text, captured 2025-08-23

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyTo secure the lien by attachment of the property while the lien continues120 days after the services are performed, or the materials, supplies or other things are furnishedStatute: N.H. Rev. Stat. Ann. § 447:10; N.H. Rev. Stat. Ann. § 447:9
What the statute says about it. The lien continues for 120 days after the services are performed, or the materials, supplies or other things are furnished, unless payment therefor is previously made. Delivery: By attachment of the property upon which the lien exists, the writ and return thereon distinctly expressing that purpose.
Any such lien may be secured by attachment of the property upon which it exists at any time while the lien continues, the writ and return thereon distinctly expressing that purpose.
N.H. Rev. Stat. Ann. § 447:10 · Archived copy of the official text, captured 2025-08-23
The lien created by RSA 447:2-7, inclusive, shall continue for 120 days after the services are performed, or the materials, supplies or other things are furnished, unless payment therefor is previously made, and shall take precedence of all prior claims except liens on account of taxes.
N.H. Rev. Stat. Ann. § 447:9 · Archived copy of the official text, captured 2026-05-11

How the days are counted

The day of the event is not counted, and the last day of the period is.

I. Except where specifically stated to the contrary, when a period or limit of time is to be reckoned from a day or date, that day or date shall be excluded from and the day on which an act should occur shall be included in the computation of the period or limit of time.
N.H. Rev. Stat. Ann. § 21:35, I · Archived copy of the official text, captured 2026-07-12

Who the deadlines apply to

New Hampshire's mechanics lien rules sit in N.H. Rev. Stat. Ann. ch. 447, and no rule on this page is limited by project type. The rows differ by role and by condition instead.

Two rows name subcontractors, sub-subcontractors, suppliers and laborers: the written notice of § 447:5 [1] and the running account of § 447:8 [3]. Section 447:5 is written for a person who performs labor, provides professional design services or furnishes materials under a contract with an agent, contractor or subcontractor of the owner [1].

Three rows name all five roles, the direct contractor included: the notice to a construction lender under § 447:12-b [4], the Lien filing row [5] and the Deadline to sue row [6].

How the periods run

Notice before the work. The § 447:5 notice goes in writing to the owner or the person having charge of the property. Its timing reads Before performing the labor or furnishing the material for which it is claimed [1]. That timing runs back from the work itself, so the calculator counts no date for it. Section 447:6 allows a later notice, and the lien is then valid only to the extent of the amount then due, or later due, to the contractor, agent or subcontractor of the owner [2].

The running account. For an account in writing, for any person giving notice as provided in RSA 447:5-7, the rule reads As often as once in 30 days [3]. The rule recurs, so no date is counted. The statute ties a result to the account: the owner or person in charge retains a sufficient sum of money to pay the claim, and is not liable for it to the agent, contractor or subcontractor unless that party first pays it [3].

Notice to a construction lender. Where a construction mortgage has been executed, for a notice to the institution providing the construction funds, the period is Within 15 business days of the posting required in paragraph I or of commencing to furnish services, materials, supplies or other things, whichever is later [4]. Neither starting event is a calculator input, so this row carries no counted date either. The statute says that failure to give this notice "shall not alone invalidate the lien" [4].

No lien filing. The Lien filing row reads None required for every role. Chapter 447 provides no lien filing [5]. Under § 447:9, unless payment is previously made, the lien created by RSA 447:2-7 continues for the period the Deadline to sue row gives [5]. Under § 447:10, it may be secured by attachment of the property at any time while it continues [6].

Attachment. The Deadline to sue stage has one rule, and it carries a condition. To secure the lien by attachment of the property while the lien continues, the period reads 120 days after the services are performed, or the materials, supplies or other things are furnished [5].

Counting the days

Under N.H. Rev. Stat. Ann. § 21:35, I, except where specifically stated to the contrary, a period reckoned from a day or date leaves that day out and counts the day on which the act should occur [7].

What changed recently

Sections 447:5, 447:6 and 447:8 were last amended by 2012, 158, effective January 1, 2013 [1] [2] [3]. Section 447:9 was last amended by 1991, 270, effective January 1, 1992 [5]. The lender notice in § 447:12-b was last amended by 2019, 57, effective August 4, 2019 [4], and the counting section, § 21:35, by 2008, 11, effective January 1, 2009 [7].

Related

Lien deadlines: other states

Sources

  1. N.H. Rev. Stat. Ann. § 447:5, New Hampshire General Court (archived copy, captured 2026-05-11)
  2. N.H. Rev. Stat. Ann. § 447:6, New Hampshire General Court (archived copy, captured 2026-09-09)
  3. N.H. Rev. Stat. Ann. § 447:8, New Hampshire General Court (archived copy, captured 2026-05-11)
  4. N.H. Rev. Stat. Ann. § 447:12-b, New Hampshire General Court (archived copy, captured 2025-04-18)
  5. N.H. Rev. Stat. Ann. § 447:9, New Hampshire General Court (archived copy, captured 2026-05-11)
  6. N.H. Rev. Stat. Ann. § 447:10, New Hampshire General Court (archived copy, captured 2025-08-23)
  7. N.H. Rev. Stat. Ann. § 21:35, New Hampshire General Court (archived copy, captured 2026-07-12)

Changelog

  1. : Page published.
  2. : 10 more jurisdictions published: Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island and South Carolina.
  3. : 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
  4. : 10 more jurisdictions published: Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi and Missouri.
  5. : Dataset first published: 9 of 51 jurisdictions published.