Bond or Lien Claim-Public Work

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Claim on Bond and Lien for Public Improvement.

Scope: State of Iowa, Public Works.

Important: In many cases Material men performing no job site labor and selling directly to a subcontractor may not have been titled to a claim on the payment bond under Iowa law.

Time Constraints: Serve copies of the Notice of Claim on Bond and Lien for Public Improvement sureties, prime contractors and public entities within 30 days from the date of last furnishing labor, materials or services. You may only collect on funds from the public agency that have not been paid to the general contractor.

Payment Bond: File claim on the bond before 30 days after completion and acceptance of the job (in some cases you may file later if the public entity has not yet paid the contract in full.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect you liened claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. Public entities and sureties will reserve only for the amount you claim), and the name of the county where the project is performed.

Form Types: Notice of Claim on Bond and Lien for Public Improvement and Exhibit's A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond and Lien for Public Improvement immediately on the prime contractors, public entities and sureties. Suit may be filed to enforce the payment bond anytime thereafter.

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