New Hampshire Construction Lien FAQ

After the NH lien is recorded, the claimant must file a lien enforcement (foreclosure) lawsuit within 120 days of the recording date. Recording the New Hampshire lien alone does not result in payment. If no lawsuit is filed within this window, the lien automatically expires and becomes unenforceable.

⚠️ Important sequencing rule: Before filing the lawsuit, the claimant must serve a NH Notice of Intent to Lien at least 30 days in advance.

No. New Hampshire does not require a preliminary notice or notice to owner before recording a mechanics lien. However, New Hampshire does require a Notice of Intent to Lien sent to owner 30 days before enforcing the lien, meaning before filing a lawsuit.

This is where people get confused:

• The Notice of Intent to Lien is not a pre-lien notice

• It is a pre-lawsuit (pre-enforcement) notice

You can record the lien without sending any notice first.

Mechanics lien rights in New Hampshire extend to parties who improve private real property, including:

• General contractors

• Subcontractors

• Material suppliers

• Laborers

• Certain design professionals (when services improve the property)

Mechanics liens do not apply to public projects.

If you fail to record the New Hampshire mechanics lien within 120 days of last furnishing, all NH lien rights are permanently lost. 

A New Hampshire mechanics lien is recorded with the Town Clerk in the town where the property is located. The lien must be recorded within the 120-day deadline.

In New Hampshire, a mechanics lien must be recorded within 120 days of the claimant’s last furnishing of labor or materials to the project. This deadline runs from the last day you actually performed lienable work, not from the date of invoicing, nonpayment, or overall project completion. 

The New Hampshire mechancis lien must identify:

• The lien claimant

• The property owner

• The party who hired the claimant 

• The property being liened

• A description of the work or materials

• The first and last dates of furnishing

• The exact unpaid amount

• A verified (notarized) signature

No. New Hampshire law does not impose a minimum or maximum lien amount. However, the lien must reflect the actual unpaid balance for lienable work. 

Yes. New Hampshire allows multiple contractors, subcontractors, and suppliers to file separate mechanics liens against the same property, provided each claimant independently meets the filing and enforcement requirements. Each lien secures only the amount owed to that claimant.

If the customer pays you the full amount owed after you have recorded a lien, you have a legal obligation to formally clear the lien from the property records.

You must prepare and file a New Hampshire Discharge of Lien (or Release of Lien) with the same office where the original lien was recorded.