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Mechanics' Liens

The following is a chapter from "The History of Jefferson County, Iowa", Pages 301-302, published by the Western Historical Company of Chicago in 1879.

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MECHANICS' LIENS.

Every mechanic, or other person who shall do any labor upon, or furnish any materials, machinery or fixtures for any building, erection or other improvement upon land, including those engaged in the construction or repair of any work of internal improvement, by virtue of any contract with the owner, his agent, trustee, contractor, or sub-contractor, shall have a lien, on complying with the forms of law, upon the building or other improvement for his labor done or materials furnished.

It would take too large a space to detail the manner in which a sub-contractor secures his lien. He should file, within thirty days after the last of the labor was performed, or the last of the material shall have been furnished, with the Clerk of the District Court a true account of the amount due him, after allowing all credits, setting forth the time when such material was furnished or labor performed, and when completed, and containing a correct description of the property sought to be charged with the lien, and the whole verified by affidavit.

A principal contractor must file such an affidavit within ninety days, as above.

Ordinarily, there are so many points to be examined in order to secure a mechanics' lien, that is is much better, unless one is accustomed to managing such liens, to consult at once with an attorney.

Remember that the proper time to file the claim is ninety days for a principal contractor, thirty days for a sub-contractor, as above; and that actions to enforce those liens must be commenced within two years, and the rest can much better be done with an attorney.


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