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].