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	None	Must file claim with appropriate office within 90 days of completion and acceptance of the project. Lawsuit to enforce claim must be filed within 1 year from the filing of the claim.
	None	Must file claim with appropriate office within 90 days of completion and acceptance of the project. Lawsuit to enforce claim must be filed within 1 year from the filing of the claim.

New Hampshire Public Project Frequently Asked Questions

Who Is Protected?

In New Hampshire, parties who furnish labor and/or materials to at least a general or 1^st tier subcontractors are protected.  Suppliers to suppliers are not covered.  Note that there are two potential avenues to recovery for a protected party on a New Hampshire public project, a lien on the funds due from the public entity, and a claim on the contractor’s bond.

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When is the Deadline to File a Lien/Make a Claim?

Lien on Contract Funds:  A lien on contract funds must be filed within 90 days after completion and acceptance of the project.

Bond Claim: A bond claim must be received within 90 days after the completion and acceptance of the project.  Note that according to some case law, it may be allowed to give notice of the claim prior to the completion of the project.

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Who Should Receive the Lien/Claim?

Lien on Contract Funds:  The requirement is only that the lien must be “filed”.  Presumably, it must be filed with the contracting public entity.

Bond Claim: The party who should receive the bond claim varies dependent on the contracting public entity.

If the state is a party to the contract the office of the secretary of state must receive the lien.

If the Department of Transportation is a party, that agency should receive the lien.

If the Department of Administrative Services is a party, that agency should receive the lien.

In all other cases, the bond claim should be delivered to the clerk of superior court in the county where the contract is to be principally performed, with a copy mailed to the general contractor and to the bonding company.

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When is the Deadline to Initiate Suit, or, How Long is My Lien Effective?

Suit must be filed within one year of the claim filing.

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What Must the Lien/Claim Include?

Lien on Contract Funds: The information required for a lien on contract funds is unspecified by statute.  It is likely advisable to err on the side of providing too much information – and include the information required for a private mechanic’s lien.

Bond Claim: A bond claim should include a statement of the claim, and the name of the claimant and contracting parties.

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How Must the Claim Be Sent?

Lien on Contract Funds: Must be “filed,” but no further information is given.  Presumably, then, any delivery method is acceptable if the lien claim is actually delivered – it may be advisable to follow the requirements set forth for a private mechanic’s lien.

Bond Claim: Must be “filed” with the appropriate public entity, but no further information is given.  Presumably, then, any delivery method is acceptable if the lien claim is actually delivered.

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New Hampshire Public Project Preliminary Notice FAQs

Do I Need to Send a Preliminary Notice?

Preliminary notice is not specifically required for either a lien on the funds due from the public entity or a claim on the contractor’s bond.  However, any party may give preliminary notice, and, at least prior to claiming a lien on the contract funds it may be best practice to provide a preliminary notice similar to the preliminary notice required for a private mechanic’s lien.

When do I Need to Send a Preliminary Notice?

N/A

What if I Send the Preliminary Notice Late?

N/A

How Should the Preliminary Notice be Sent?

N/A

To Whom Must the Preliminary Notice be Given?

N/A