Legal Question in Construction Law in New Hampshire
State of new Hampshire Liens for labor
Can a General Contractor and/or a Client ask you to covenant, promise, agree, or waive your right to file a Mechanic's Lien on a property in the State of New Hampshire?
1 Answer from Attorneys
Re: State of new Hampshire Liens for labor
This is one of those "it depends" areas of law. The New Hampshire Statute pertaining to liens for labor and materials, RSA 447, is silent on that specific point. There is a case which indicates that certain contact provisions may allow the enforcement of a waiver, 150 N.H. 581; Daniel v. Hawkeye Funding, Limited Partnership; 843 A.2d 946. However, that case was based upon very specific facts. I suggest that hiring an attorney to carefully review your situation and to determine if other protective measures may be useful, would be a good idea.