reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XIV - PROPERTY › Chapter 572 - MECHANIC’S LIEN › Section 572.28 - Demand for bringing suit.

572.28 Demand for bringing suit.
1. Upon the written demand of the owner served on the claimant requiring the claimant to commence action to enforce the lien, such action shall be commenced within thirty days thereafter, or the lien and all benefits derived therefrom shall be forfeited.
2. If an action is not filed within thirty days after demand to commence action is served, the party serving the demand or causing the demand to be served may post with the administrator a copy of the demand with proofs of service attached and endorsed and, in case of service by publication, a personal affidavit that personal service could not be made within this state. Upon completion of the requirements of this subsection, the record shall be constructive notice to all parties of the due forfeiture and cancellation of the lien. Upon the posting of the demand with the required attachments, the administrator shall mail a date-stamped copy of the demand to both parties.
[C73, §2143; C97, §3099; C24, 27, 31, 35, 39, §10297; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.28]
99 Acts, ch 79, §3; 2007 Acts, ch 83, §17; 2012 Acts, ch 1105, §19, 27, 28; 2012 Acts, ch 1138, §13; 2013 Acts, ch 99, §13
2023 Iowa Code › Title XIV - PROPERTY › Chapter 572 - MECHANIC’S LIEN › Section 572.29 - Assignment of lien.

572.29 Assignment of lien.
A mechanic’s lien is assignable, and shall follow the assignment of the debt for which it is claimed.
[C97, §3099; C24, 27, 31, 35, 39, §10298; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.29]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 572 - MECHANIC’S LIEN › Section 572.30 - Action by subcontractor or owner against general contractor or owner-builder.

572.30 Action by subcontractor or owner against general contractor or owner-builder.
Unless otherwise agreed, a general contractor or owner-builder who engages a subcontractor to supply labor or materials or both for improvements, alterations, or repairs to a specific residential construction property shall pay the subcontractor in full for all labor and materials supplied within thirty days after the date the general contractor or owner-builder receives full payment from the owner. If a general contractor or owner-builder fails without due cause to pay a subcontractor as required by this section, the subcontractor, or the owner by subrogation, may commence an action against the general contractor or owner-builder to recover the amount due. Prior to commencing an action to recover the amount due, a subcontractor, or the owner by subrogation, shall give notice of nonpayment of the cost of labor or materials to the general contractor or owner-builder paid for the improvement. Notice of nonpayment must be in writing, delivered in a reasonable manner, and in terms that reasonably identify the real estate improved and the nonpayment complained of. In an action to recover the amount due a subcontractor, or the owner by subrogation, under this section, the court in addition to actual damages, shall award a successful plaintiff exemplary damages against the general contractor or owner-builder in an amount not less than one percent and not exceeding fifteen percent of the amount due the subcontractor, or the owner by subrogation, for the labor and materials supplied, unless the general contractor or owner-builder does one or both of the following, in which case no exemplary damages shall be awarded:
1. Establishes that all proceeds received from the person making the payment have been applied to the cost of labor or material furnished for the improvement.
2. Within fifteen days after receiving notice of nonpayment the general contractor or owner-builder gives a bond, in an amount not less than the amount necessary to satisfy the nonpayment for which notice has been given under this section, and in a form approved by the administrator, to hold harmless the owner or person having the improvement made from any claim for payment of anyone furnishing labor or material for the improvement, other than the general contractor or owner-builder.
[81 Acts, ch 186, §4]
87 Acts, ch 79, §9; 2012 Acts, ch 1105, §20, 27, 28; 2012 Acts, ch 1138, §13; 2013 Acts, ch 99, §14
2023 Iowa Code › Title XIV - PROPERTY › Chapter 572 - MECHANIC’S LIEN › Section 572.31 - Cooperative and condominium housing.

572.31 Cooperative and condominium housing.
A lien arising under this chapter as a result of the construction of an apartment house or apartment building which is owned on a cooperative basis under chapter 499A, or which is submitted to a horizontal property regime under chapter 499B, is not enforceable, notwithstanding any contrary provision of this chapter, as against the interests of an owner in a unit contained in the apartment house or apartment building acquired in good faith and for valuable consideration, unless a lien statement specifically describing the unit is posted under section 572.8 within the applicable time period specified in section 572.9, but determined from the date on which the last of the material was supplied or the last of the labor was performed in the construction of that unit.
[C81, §572.30]
C83, §572.31
2012 Acts, ch 1105, §21, 27, 28; 2012 Acts, ch 1138, §13; 2013 Acts, ch 99, §15
2023 Iowa Code › Title XIV - PROPERTY › Chapter 572 - MECHANIC’S LIEN › Section 572.32 - Attorney fees — remedies.

572.32 Attorney fees — remedies.
1. In a court action to enforce a mechanic’s lien, or an action brought upon any bond given in lieu thereof, a prevailing plaintiff may be awarded reasonable attorney fees.
2. In a court action to challenge a mechanic’s lien posted on a residential construction property, or any bond given in lieu thereof, if the person challenging the lien or defending against any action on the bond prevails, the court may award reasonable attorney fees and actual damages. If the court determines that the mechanic’s lien was posted in bad faith or the supporting affidavit was materially false, the court shall award the owner reasonable attorney fees plus an amount not less than five hundred dollars or the amount of the lien, whichever is less.
83 Acts, ch 106, §1; 99 Acts, ch 79, §4; 2012 Acts, ch 1105, §22, 27, 28; 2012 Acts, ch 1138, §13; 2021 Acts, ch 72, §2, 3
Referred to in §561.21, 631.1
2023 Iowa Code › Title XIV - PROPERTY › Chapter 572 - MECHANIC’S LIEN › Section 572.33 - Requirement of notification for commercial construction.

572.33 Requirement of notification for commercial construction.
1. The notification requirements in this section apply only to commercial construction.
2. A person furnishing labor or materials to a subcontractor shall not be entitled to a lien under this chapter unless the person furnishing labor or materials does all of the following:
a. Notifies the general contractor or owner-builder in writing with a one-time notice containing the name, mailing address, and telephone number of the person furnishing the labor or materials, and the name of the subcontractor to whom the labor or materials were furnished, within thirty days of first furnishing labor or materials for which a lien claim may be made. Additional labor or materials furnished by the same person to the same subcontractor for use in the same construction project shall be covered by this notice.
b. Supports the lien claim with a certified statement that the general contractor or owner-builder was notified in writing with a one-time notice containing the name, mailing address, and telephone number of the person furnishing the labor or materials, and the name of the subcontractor to whom the labor or materials were furnished, within thirty days after the labor or materials were first furnished, pursuant to paragraph “a”.
3. Notwithstanding other provisions of this chapter, a general contractor or owner-builder shall not be prohibited from requesting information from a subcontractor or a person furnishing labor or materials to a subcontractor regarding payments made or payments to be made to a person furnishing labor or materials to a subcontractor.
84 Acts, ch 1248, §1; 98 Acts, ch 1142, §4; 99 Acts, ch 104, §1; 2007 Acts, ch 83, §18; 2012 Acts, ch 1105, §23, 27, 28
2023 Iowa Code › Title XIV - PROPERTY › Chapter 572 - MECHANIC’S LIEN › Section 572.33A - Liability of owner to general contractor — commercial construction.

572.33A Liability of owner to general contractor — commercial construction.
1. An owner of a building, land, or improvement upon which a mechanic’s lien of a subcontractor may be posted is not required to pay the general contractor compensation for work done or material furnished for the building, land, or improvement until the expiration of ninety days after the completion of the building or improvement unless the general contractor furnishes to the owner one of the following:
a. Receipts and waivers of claims for mechanics’ liens, signed by all persons who furnished material or performed labor for the building, land, or improvement.
b. A good and sufficient bond to be approved by the owner, conditioned that the owner shall be held harmless from any loss which the owner may sustain by reason of the posting of mechanics’ liens by subcontractors.
2. This section applies only to commercial construction properties.
2012 Acts, ch 1105, §24, 27, 28; 2013 Acts, ch 99, §16; 2014 Acts, ch 1092, §128
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.1 - Definitions.

573.1 Definitions.
For the purpose of this chapter:
1. “Construction”, in addition to its ordinary meaning, includes repair, alteration and demolition.
2. “Material” shall, in addition to its ordinary meaning, embrace feed, gasoline, kerosene, lubricating oils and greases, provisions and fuel, and the use of forms, accessories, and equipment, but shall not include personal expenses or personal purchases of employees for their individual use.
3. “Public corporation” shall embrace the state, and all counties, cities, public school corporations, and all officers, boards, or commissions empowered by law to enter into contracts for the construction of public improvements.
4. “Public improvement” is an improvement, the cost of which is payable from taxes or other funds under the control of the public corporation, except that in cases of public improvement for drainage or levee purposes the provisions of the drainage law, chapter 468, in cases of conflict shall govern.
5. “Service” shall, in addition to its ordinary meaning, include the furnishing to the contractor of workers’ compensation insurance, and premiums and charges for such insurance shall be considered a claim for service.
[C24, 27, 31, 35, 39, §10299; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.1]
85 Acts, ch 22, §1; 2019 Acts, ch 59, §196; 2020 Acts, ch 1063, §315
Referred to in §686.1
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.2 - Public improvements — bond — waiver and remedies.

573.2 Public improvements — bond — waiver and remedies.
1. Contracts for the construction of a public improvement shall, when the contract price equals or exceeds twenty-five thousand dollars, be accompanied by a bond, with surety, conditioned for the faithful performance of the contract, and for the fulfillment of other requirements as provided by law. The bond may also be required when the contract price does not equal that amount. However, if a contractor provides a performance or maintenance bond as required by a public improvement contract governed by this chapter and subsequently the surety company becomes insolvent and the contractor is required to purchase a new bond, the contractor may apply for reimbursement from the governmental agency that required a second bond and the claims shall be reimbursed from funds allocated for road construction purposes.
2. If the requirement for a bond is waived pursuant to section 12.44, a person, firm, or corporation, having a contract with the targeted small business or with subcontractors of the targeted small business, for labor performed or materials furnished, in the performance of the contract on account of which the bond was waived, is entitled to any remedy provided under this chapter. When a bond has been waived pursuant to section 12.44, the remedies provided for under this subsection are available in an action against the public corporation.
[C24, 27, 31, 35, 39, §10300; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.2; 82 Acts, ch 1096, §1]
86 Acts, ch 1246, §32; 88 Acts, ch 1032, §1
Referred to in §12.44, 573.3
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.3 - Bond mandatory.

573.3 Bond mandatory.
1. The obligation of the public corporation to require, and the contractor to execute and deliver said bond, shall not be limited or avoided by contract.
2. A public corporation, with respect to a public improvement which is or has been competitively bid or negotiated, shall not require a contractor to procure a bond, as required under section 573.2, from a particular insurance or surety company, agent, or broker.
[C24, 27, 31, 35, 39, §10301; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.3]
2000 Acts, ch 1023, §58
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.4 - Deposit in lieu of bond.

573.4 Deposit in lieu of bond.
A deposit of money, a certified check on a solvent bank of the county in which the improvement is to be located, a credit union certified share draft, state or federal bonds, bonds issued by a city, school corporation, or county of this state, or bonds issued on behalf of a drainage or highway paving district of this state may be received in an amount equal to the amount of the bond and held in lieu of a surety on the bond, and when so received the securities shall be held on the terms and conditions applicable to a surety.
[C24, 27, 31, 35, 39, §10302; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.4]
84 Acts, ch 1055, §14
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.5 - Amount of bond.

573.5 Amount of bond.
Said bond shall run to the public corporation. The amount thereof shall be fixed, and the bond approved, by the official board or officer empowered to let the contract, in an amount not less than seventy-five percent of the contract price, and sufficient to comply with all requirements of said contract and to insure the fulfillment of every condition, expressly or impliedly embraced in said bond; except that in contracts where no part of the contract price is paid until after the completion of the public improvement the amount of said bond may be fixed at not less than twenty-five percent of the contract price.
[C24, 27, 31, 35, 39, §10303; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.5]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.6 - Subcontractors on public improvements.

573.6 Subcontractors on public improvements.
The following provisions shall be held to be a part of every bond given for the performance of a contract for the construction of a public improvement, whether said provisions be inserted in such bond or not, to wit:
[1] The principal and sureties on this bond hereby agree to pay to all persons, firms, or corporations having contracts directly with the principal or with subcontractors, all just claims due them for labor performed or materials furnished, in the performance of the contract on account of which this bond is given, when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public improvement, but the principal and sureties shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law.
[2] Every surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice:
[a] To any extension of time to the contractor in which to perform the contract.
[b] To any change in the plans, specifications, or contract, when such change does not involve an increase of more than twenty percent of the total contract price, and shall then be released only as to such excess increase.
[c] That no provision of this bond or of any other contract shall be valid which limits to less than one year from the time of the acceptance of the work the right to sue on this bond for defects in the quality of the work or material not discovered or known to the obligee at the time such work was accepted.
[S13, §1527-s18; C24, 27, 31, 35, 39, §10304; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.6]
2021 Acts, ch 76, §137
Referred to in §573.7
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.7 - Claims for material or labor.

573.7 Claims for material or labor.
1. Any person, firm, or corporation who has, under a contract with the principal contractor or with subcontractors, performed labor, or furnished material, service, or transportation, in the construction of a public improvement, may file, with the officer, board, or commission authorized by law to let contracts for such improvement, an itemized, sworn, written statement of the claim for such labor, or material, service, or transportation.
2. A person furnishing only materials to a subcontractor who is furnishing only materials is not entitled to a claim against the retainage or bond under this chapter and is not an obligee or person protected under the bond pursuant to section 573.6.
[C97, §3102; S13, §1989-a57; C24, 27, 31, 35, 39, §10305; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.7]
83 Acts, ch 55, §1
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.8 - Highway improvements.

573.8 Highway improvements.
1. In case of highway improvements by the county, claims shall be filed with the county auditor of the county letting the contract. In case of contracts for improvements on the farm-to-market highway system paid from farm-to-market funds, claims shall be filed with the auditor of the state department of transportation.
2. Claims filed for credit extended for the personal expenses or personal purchases of employees for their individual use shall not cause any part of the unpaid funds of the contractor to be withheld.
[C24, 27, 31, 35, 39, §10306; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.8]
2019 Acts, ch 59, §197
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.9 - Officer to endorse time of filing claim.

573.9 Officer to endorse time of filing claim.
The officer shall endorse over the officer’s official signature upon every claim filed with the officer, the date and hour of filing.
[C24, 27, 31, 35, 39, §10307; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.9]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.10 - Time of filing claims.

573.10 Time of filing claims.
Claims may be filed with said officer as follows:
1. At any time before the expiration of thirty days immediately following the completion and final acceptance of the improvement.
2. At any time after said thirty-day period, if the public corporation has not paid the full contract price as herein authorized, and no action is pending to adjudicate rights in and to the unpaid portion of the contract price.
[C97, §3102; S13, §1989-a57; C24, 27, 31, 35, 39, §10308; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.10]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.11 - Claims filed after action brought.

573.11 Claims filed after action brought.
The court may permit claims to be filed with it during the pendency of the action hereinafter authorized, if it be made to appear that such belated filing will not materially delay the action.
[C24, 27, 31, 35, 39, §10309; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.11]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.13 - Inviolability and disposition of fund.

573.13 Inviolability and disposition of fund.
A public corporation shall not be permitted to plead noncompliance with section 573.12 and the retained percentage of the contract price, which in no case shall be more than five percent, constitutes a fund for the payment of claims for materials furnished and labor performed on the improvement and shall be held and disposed of by the public corporation as provided in this chapter.
[S13, §1989-a57; C24, 27, 31, 35, 39, §10311; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.13]
90 Acts, ch 1229, §3
Referred to in §573.14, 573.15A
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.15 - Claim against retainage or bond.

573.15 Claim against retainage or bond.
1. A person, firm, or corporation that has performed labor for or furnished materials, service, or transportation to a subcontractor shall not be entitled to a claim against the retainage or bond under this chapter unless the person, firm, or corporation that performed the labor or furnished the materials, service, or transportation does all of the following:
a. Notifies the principal contractor in writing with a one-time notice containing the name, mailing address, and telephone number of the person, firm, or corporation that performed the labor or furnished the materials, service, or transportation, and the name of the subcontractor for whom the labor was performed or the materials, service, or transportation were furnished, within thirty days of first performing the labor or furnishing the materials, service, or transportation for which a claim may be made. Additional labor performed or materials, service, or transportation furnished by the same person, firm, or corporation to the same subcontractor for use in the same construction project shall be covered by this notice.
b. Supports the claim with a certified statement that the principal contractor received the notice described in paragraph “a”.
2. This section shall not apply to highway, bridge, or culvert projects as referred to in section 573.28.
[C31, 35, §10312-d1; C39, §10312.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.15]
2018 Acts, ch 1097, §4
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.15A - Early release of retained funds.

573.15A Early release of retained funds.
Notwithstanding section 573.14, a public corporation may release retained funds upon completion of ninety-five percent of the contract in accordance with the following:
1. Any person, firm, or corporation who has, under contract with the principal contractor or with subcontractors, performed labor, or furnished materials, service, or transportation, in the construction of the public improvement, may file with the public corporation an itemized, sworn, written statement of the claim for the labor, or materials, service, or transportation. The claim shall be filed with the public corporation either before the expiration of the thirty days after completion of ninety-five percent of the contract or at any time after the thirty-day period if the public corporation has not paid the full contract price and no action is pending to adjudicate rights in and to the unpaid portion of the contract price.
2. The fund, as provided in section 573.13, shall be retained by the public corporation for a period of thirty days after ninety-five percent of the contract has been completed. If at the end of the thirty-day period, a claim has been filed, in accordance with this section, the public corporation shall continue to retain from the unpaid funds, a sum equal to double the total amount of all claims on file. The remaining balance of the unpaid fund, or if there are no claims on file, the entire unpaid fund, may be released and paid to the contractor.
3. The public corporation, the principal contractor, or any claimant for labor or materials, service, or transportation, who has filed a claim or the surety on any bond given for performance of the contract, at any time after the expiration of thirty days, and not later than sixty days after the completion of ninety-five percent of the contract, may bring an action in equity in the county where the public improvement is located to determine rights to moneys contained in the fund or to enforce liability on the bond. The action shall be brought in accordance with sections 573.16 through 573.18, with the completion of ninety-five percent of the contract taking the place of the date of final acceptance.
4. A public corporation that releases funds at the completion of ninety-five percent of the contract, in accordance with this section, shall not be required to retain additional funds.
96 Acts, ch 1126, §6
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.16 - Optional and mandatory actions — bond to release.

573.16 Optional and mandatory actions — bond to release.
1. The public corporation, the principal contractor, any claimant for labor or material who has filed a claim, or the surety on any bond given for the performance of the contract, may, at any time after the expiration of thirty days, and not later than sixty days, following the completion and final acceptance of said improvement, bring action in equity in the county where the improvement is located to adjudicate all rights to said fund, or to enforce liability on said bond.
2. Upon written demand of the contractor served, in the manner prescribed for original notices, on the person filing a claim, requiring the claimant to commence action in court to enforce the claim, an action shall be commenced within thirty days, otherwise the retained and unpaid funds due the contractor shall be released. Unpaid funds shall be paid to the contractor within twenty days of the receipt by the public corporation of the release as determined pursuant to this section. Failure to make payment by that date shall cause interest to accrue on the unpaid amount. Interest shall accrue during the period commencing the twenty-first day after the date of release and ending on the date of the payment. The rate of interest shall be determined pursuant to section 573.14. After an action is commenced, upon the general contractor filing with the public corporation or person withholding the funds, a surety bond in double the amount of the claim in controversy, conditioned to pay any final judgment rendered for the claims so filed, the public corporation or person shall pay to the contractor the amount of funds withheld.
[C97, §3103; S13, §1989-a58; C24, 27, 31, 35, 39, §10313; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.16]
91 Acts, ch 148, §3
Referred to in §384.58, 573.14, 573.15A, 573.18
Action against surety, §616.15
Manner of service,
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.17 - Parties.

573.17 Parties.
The official board or officer letting the contract, the principal contractor, all claimants for labor and material who have filed their claim, and the surety on any bond given for the performance of the contract shall be joined as plaintiffs or defendants.
[C24, 27, 31, 35, 39, §10314; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.17]
Referred to in §573.15A
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.18 - Adjudication — payment of claims.

573.18 Adjudication — payment of claims.
1. The court shall adjudicate all claims for which an action is filed under section 573.16. Payments from the retained percentage, if still in the hands of the public corporation, shall be made in the following order:
a. Costs of the action.
b. Claims for labor.
c. Claims for materials.
d. Claims of the public corporation.
2. Upon settlement or adjudication of a claim and after judgment is entered, unpaid funds retained with respect to the claim which are not necessary to satisfy the judgment shall be released and paid to the contractor within twenty days of receipt by the public corporation of evidence of entry of judgment or settlement of the claim. Failure to make payment by that date shall cause interest to accrue on the unpaid amount. Interest shall accrue during the period commencing on the twenty-first day after receipt by the public corporation of evidence of entry of judgment and ending on the date of payment. The rate of interest shall be determined as set forth in section 573.14.
[C24, 27, 31, 35, 39, §10315; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.18]
91 Acts, ch 148, §4; 2013 Acts, ch 30, §261
Referred to in §573.15A, 573.19
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.19 - Insufficiency of funds.

573.19 Insufficiency of funds.
When the retained percentage is insufficient to pay all claims for labor or materials, the court shall, in making distribution under section 573.18, order the claims in each class paid in the order of filing the same.
[C97, §3102; S13, §1989-a57; C24, 27, 31, 35, 39, §10316; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.19]
2020 Acts, ch 1063, §316
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.20 - Converting property into money.

573.20 Converting property into money.
When it appears that the unpaid portion of the contract price for the public improvement, or a part thereof, is represented in whole or in part, by property other than money, or if a deposit has been made in lieu of a surety, the court shall have jurisdiction thereover, and may cause the same to be sold, under such procedure as it may deem just and proper, and disburse the proceeds as in other cases.
[C24, 27, 31, 35, 39, §10317; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.20]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.21 - Attorney fees.

573.21 Attorney fees.
The court may tax, as costs, a reasonable attorney fee in favor of any claimant for labor or materials who has, in whole or in part, established a claim.
[C97, §3103; S13, §1989-a58; C24, 27, 31, 35, 39, §10318; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.21]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.22 - Unpaid claimants — judgment on bond.

573.22 Unpaid claimants — judgment on bond.
If, after the said retained percentage has been applied to the payment of duly filed and established claims, there remain any claims that are unpaid in whole or in part, judgment shall be entered for the amount of the claims that are unpaid against the principal and sureties on the bond. In case the said percentage has been paid over as provided in this chapter, judgment shall be entered against the principal and sureties on all such claims.
[C24, 27, 31, 35, 39, §10319; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.22]
2020 Acts, ch 1063, §317
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.23 - Abandonment of public work — effect.

573.23 Abandonment of public work — effect.
When a contractor abandons the work on a public improvement or is legally excluded from work on a public improvement, the improvement shall be deemed completed for the purpose of filing claims as provided in this chapter, from the date of the official cancellation of the contract. The only fund available for the payment of the claims of persons for labor performed or material furnished shall be the amount then due the contractor, if any, and if that amount is insufficient to satisfy the claims, the claimants shall have a right of action on the bond given for the performance of the contract.
[C24, 27, 31, 35, 39, §10320; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.23]
2021 Acts, ch 80, §348
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.24 - Notice of claims to state department of transportation.

573.24 Notice of claims to state department of transportation.
If payment for such improvement is to be made in whole or in part from the primary road fund, the county auditor shall immediately notify the state department of transportation of the filing of all claims.
[C24, 27, 31, 35, 39, §10321; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.24]
Referred to in §331.502
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.25 - Filing of claim — effect.

573.25 Filing of claim — effect.
The filing of any claim shall not work the withholding of any funds from the contractor except the retained percentage, as provided in this chapter.
[C24, 27, 31, 35, 39, §10322; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.25]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.26 - Public corporation — action on bond.

573.26 Public corporation — action on bond.
Nothing in this chapter shall be construed as limiting in any manner the right of the public corporation to pursue any remedy on the bond given for the performance of the contract.
[C24, 27, 31, 35, 39, §10323; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.26]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS › Section 573.27 - Payment before work completed.

573.27 Payment before work completed.
Notwithstanding anything in this Code to the contrary, when at least ninety-five percent of any contract for the construction of public improvements has been completed to the satisfaction of the public contracting authority and owing to conditions beyond the control of the construction contractor the remaining work on the contract cannot proceed for a period of more than sixty days, such public contracting authority may make full payment for the completed work and enter into a supplemental contract with the construction contractor involved on the same terms and conditions so far as applicable thereto for the construction of the work remaining to be done, provided however, that the contractor’s surety consents thereto and agrees that the bond shall remain in full force and effect.
[C62, 66, 71, 73, 75, 77, 79, 81, §573.27]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573A - EMERGENCY STOPPAGE OF PUBLIC CONTRACTS › Section 573A.1 - National emergency.

573A.1 National emergency.
In the event work or construction upon a public improvement is stopped directly or indirectly by or as the result of an order or action of any federal or state authority or of any court because of the occurrence or existence of a situation which the president or the Congress of the United States has declared to be national emergency, and the circumstances or conditions are such that it is and will be impracticable to proceed with such work or construction, then the public corporation and the contractor or contractors may, by written agreement terminate said contract. Such an agreement shall include the terms and conditions of the termination of the contract and provision for the payment of compensation or money, if any, which any party shall pay to the other, or any other person, firm or corporation under the facts and circumstances in the case.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.1]
Referred to in §573A.2
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573A - EMERGENCY STOPPAGE OF PUBLIC CONTRACTS › Section 573A.2 - Termination of contracts.

573A.2 Termination of contracts.
Whenever a public corporation and a contractor or contractors, have entered into a contract for the construction of a public improvement, and any party to such contract desires to terminate said contract because of the occurrence of the event and under the circumstances stated in section 573A.1, and another party thereto will not agree to such termination, or said parties having agreed upon the termination of the contract cannot agree upon the terms and conditions thereof, then any party may have the issues in dispute determined in the manner hereinafter provided.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.2]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573A - EMERGENCY STOPPAGE OF PUBLIC CONTRACTS › Section 573A.3 - Determination of dispute.

573A.3 Determination of dispute.
Any party to the contract may have the issue in dispute determined by filing in the district court of the county in which the public improvement or any part thereof is located a verified petition which shall allege in detail the ultimate facts upon which the petitioner relies for the termination of such contract. All subcontractors and the sureties upon all bonds given in connection with the contract and subcontracts shall be made parties to the proceeding.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.3]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573A - EMERGENCY STOPPAGE OF PUBLIC CONTRACTS › Section 573A.4 - Rules applicable.

573A.4 Rules applicable.
The rules of civil procedure shall be applicable to such action. The cause shall be tried forthwith in equity, and the court shall give such cases preference over other cases, except criminal cases.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.4]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573A - EMERGENCY STOPPAGE OF PUBLIC CONTRACTS › Section 573A.5 - Jurisdiction.

573A.5 Jurisdiction.
The district court shall have jurisdiction of the issue which is thus presented, and of all parties including any public corporation as defined in this chapter. The court shall make findings and render its judgment determining the issues involved in accordance with the purpose and spirit of this chapter.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.5]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573A - EMERGENCY STOPPAGE OF PUBLIC CONTRACTS › Section 573A.6 - Appeal.

573A.6 Appeal.
Any party aggrieved by the findings and judgment of the district court may appeal to the supreme court as in other cases and the case shall be given preference over other cases in the supreme court.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.6]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573A - EMERGENCY STOPPAGE OF PUBLIC CONTRACTS › Section 573A.7 - Order of court.

573A.7 Order of court.
1. If the court determines that said contract should be terminated, or if the parties have agreed to its termination, the court shall include in its order:
a. The terms and conditions imposed upon each party to the contract, including the extent of the liability of the sureties upon any bond;
b. The protective requirements, if any be deemed necessary, to protect the property, and provision for the payment of the cost thereof;
c. The determination of the relative rights of the parties involved, including the compensation or payments, if any, which any party shall pay to any other person, firm or corporation under the facts and circumstances of the case.
2. If the court determines that the contract shall not be terminated, it shall state in its order the reasons therefor. The court shall adjust and assess the costs in such manner as may be equitable and fair under the circumstances.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.7]
2013 Acts, ch 30, §261
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573A - EMERGENCY STOPPAGE OF PUBLIC CONTRACTS › Section 573A.8 - Limit of payment.

573A.8 Limit of payment.
In no event shall the public corporation pay or be required to pay compensation or moneys in excess of the total compensation stated in the contract for the construction of the public improvement.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.8]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573A - EMERGENCY STOPPAGE OF PUBLIC CONTRACTS › Section 573A.9 - Application of statute.

573A.9 Application of statute.
The provisions of this chapter shall not apply unless it is specifically contracted for between the contracting parties.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.9]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 573A - EMERGENCY STOPPAGE OF PUBLIC CONTRACTS › Section 573A.10 - Definitions.

573A.10 Definitions.
For the purposes of this chapter:
1. “Public corporation” shall embrace the state, and all counties, cities, public school corporations, drainage districts, and all officers, boards or commissions empowered by law to enter into contracts for the construction of public improvements.
2. “Public improvement” is one, the cost of which is payable from taxes or other funds under the control of the public corporation.
3. “Construction” shall, in addition to its ordinary meaning, embrace repair and alteration.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.10]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 574 - MINER’S LIEN › Section 574.1 - Nature of miner’s lien.

574.1 Nature of miner’s lien.
Every laborer or miner who shall perform labor in opening, developing, or operating any coal mine shall have a lien for the full value of such labor upon all the property of the person, firm, or corporation owning or operating such mine and used in the construction or operation thereof, including real estate and personal property. Such lien shall be secured and enforced in the same manner as a mechanic’s lien.
[C97, §3105; C24, 27, 31, 35, 39, §10324; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §574.1]
Mechanic’s lien, chapter 572
2023 Iowa Code › Title XIV - PROPERTY › Chapter 575 - NONSTATUTORY LIENS › Section 575.1 - Nonstatutory liens.

575.1 Nonstatutory liens.
1. A person claiming a common law lien, an equitable servitude lien, or a lien of similar nature which is other than a statutory lien, shall first give notice to any legal and equitable owners and persons in possession of the real or personal property against which the lien is sought.
a. If the lien is filed by an owner of the real or personal property, notice shall first be given to any person with a lien or other interest in the property.
b. The notice shall be given pursuant to the Iowa rules of civil procedure.
2. Prior to the filing of the lien in any office of record in the county where the real or personal property is located, the following shall occur:
a. The clerk of the district court shall confirm that all notices required pursuant to subsection 1 have been given.
b. The district court in such county shall hold a hearing to determine the validity of the lien.
(1) Pendency of such a proceeding shall not be indexed under section 617.10 and shall not constitute lis pendens or constructive notice to third persons under sections 617.11 through 617.15.
(2) A bona fide purchaser takes title to the real or personal property free of any claims arising from such proceeding unless proper filing is made in the office of the county recorder as provided in this section.
(3) The person claiming the lien is required to prove the validity of the lien by a preponderance of the evidence.
(4) If the court determines the person claiming the lien has willfully and maliciously proceeded, a judgment may be entered against the person claiming the lien in favor of any resisting party for reasonable damages, including actual damages, costs, and reasonable attorney fees incurred by the resisting party.
3. A lien, as described in this section, shall not be filed in any office of record other than as provided in this section and if such lien is filed other than as provided in this section, the lien shall be null and void and of no force or effect.
4. If, after hearing, the district court enters an order determining the lien to be valid, the person claiming the lien shall file a certified copy of the order in the office of the county recorder where the real or personal property is located.
5. An appeal from the district court arising from such proceeding is by certiorari.
89 Acts, ch 163, §1; 99 Acts, ch 35, §1
Bond to release; chapter 584
2023 Iowa Code › Title XIV - PROPERTY › Chapter 576 - FORWARDING AND COMMISSION MERCHANT’S LIEN › Section 576.1 - Nature of lien.

576.1 Nature of lien.
Every forwarding and commission merchant shall have a lien upon all property of every kind in the merchant’s possession, for the transportation and storage thereof, for all lawful charges and services thereon or in connection therewith, and, if sold under the provisions of this chapter, for selling the same.
[R60, §1898, 1899, 1900 – 1902; C73, §2177 – 2179; C97, §3130, 3131; S13, §3131; C24, 27, 31, 35, 39, §10341; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §576.1]
Bond to release, chapter 584
2023 Iowa Code › Title XIV - PROPERTY › Chapter 576 - FORWARDING AND COMMISSION MERCHANT’S LIEN › Section 576.2 - Enforcement of lien.

576.2 Enforcement of lien.
Said lien may be foreclosed in the manner provided in the uniform commercial code, section 554.7308.
[R60, §1898 – 1905; C73, §2177 – 2182; C97, §3130 – 3134; S13, §3131; C24, 27, 31, 35, 39, §10342; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §576.2]
Attachment to enforce lien, §640.1
2023 Iowa Code › Title XIV - PROPERTY › Chapter 577 - ARTISAN’S LIEN › Section 577.2 - Enforcement of lien.

577.2 Enforcement of lien.
Said lien may be foreclosed in the manner provided in the uniform commercial code, section 554.7308.
[R60, §1898 – 1905; C73, §2177-2182; C97, §3130 – 3134; S13, §3131; C24, 27, 31, 35, 39, §10344; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §577.2]
Attachment to enforce lien, §640.1
2023 Iowa Code › Title XIV - PROPERTY › Chapter 577 - ARTISAN’S LIEN › Section 577.3 - Possession of certain property to be surrendered upon notice from attorney general.

577.3 Possession of certain property to be surrendered upon notice from attorney general.
1. A supplier, as defined in section 537B.2, upon receipt of a written notice from the attorney general that the attorney general has reason to believe that the supplier has engaged in a deceptive act or practice pursuant to section 537B.6, subsections 2 through 12, in connection with a transaction in which the supplier is asserting a lien to personal property pursuant to this chapter, shall surrender possession of the property to the owner of the property. The supplier shall make the property available to the owner within one business day of receiving notice from the attorney general during the supplier’s usual business hours.
2. The attorney general shall serve the written notice pursuant to subsection 1 by certified mail and such notice shall be presumed to have been received by the supplier upon the earlier of the date of actual receipt, the date upon which the supplier refused initial delivery, or the date the supplier was notified was the last day to retrieve the delivery from the postal service.
3. The attorney general’s belief that the supplier has engaged in a deceptive act or practice pursuant to section 537B.6, subsections 2 through 12, the supplier’s surrendering possession of the motor vehicle to the owner pursuant to this section, and the attorney general’s service of notice on the supplier pursuant to this section shall not be admissible in any litigation between the supplier and the owner of the property subject to the lien unless the supplier fails to comply with the requirements of this section.
4. An otherwise valid lien under this chapter is not lost as a result of the supplier surrendering possession of the property pursuant to this section and an otherwise valid lien may be foreclosed pursuant to section 554.7308 within one year of the supplier surrendering possession under this section.
5. In addition to any other applicable remedy, the attorney general may seek relief against a supplier for a violation of this section to the same extent the attorney general may seek relief under section 714.16, subsection 6, for failure or refusal to obey a subpoena issued by the attorney general.
2010 Acts, ch 1008, §1, 2