Iowa Code 572.1 – Definitions and rules of construction
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Terms Used In Iowa Code 572.1
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- year: means twelve consecutive months. See Iowa Code 4.1
572.1 Definitions and rules of construction.
For the purpose of this chapter:
1. “”Administrator”” means the secretary of state.
2. “”Building”” shall be construed as if followed by the words “”erection, or other improvement upon land””.
3. “”General contractor”” includes every person who does work or furnishes materials by contract, express or implied, with an owner. “”General contractor”” does not include a person who does work or furnishes materials on contract with an owner-builder.
4. “”Labor”” means labor completed by the claimant.
5. “”Material””, in addition to its ordinary meaning, includes machinery, tools, fixtures, trees, evergreens, vines, plants, shrubs, tubers, bulbs, hedges, bushes, sod, soil, dirt, mulch, peat, fertilizer, fence wire, fence material, fence posts, tile, and the use of forms, accessories, and equipment furnished by the claimant.
6. “”Mechanics’ notice and lien registry”” means a centralized computer database maintained on the internet by the administrator that provides a central repository for the submission and management of preliminary notices, notices of commencement of work on residential construction properties, and mechanics’ liens on all construction properties.
7. “”Mechanics’ notice and lien registry number”” means a number provided by the administrator for all residential construction properties posted to the mechanics’ notice and lien registry.
8. “”Owner”” means the legal or equitable titleholder of record.
9. “”Owner-builder”” means the legal or equitable titleholder of record who furnishes material for or performs labor upon a building, erection, or other improvement, or who contracts with a subcontractor to furnish material for or perform labor upon a building, erection, or other improvement and who offers or intends to offer to sell the owner-builder’s property without occupying or using the structures, properties, developments, or improvements for a period of more than one year from the date the structure, property, development, or improvement is substantially completed or abandoned.
10. “”Residential construction”” means construction on single-family or two-family dwellings occupied or used, or intended to be occupied or used, primarily for residential purposes, and includes real property pursuant to chapter 499B.
11. “”Subcontractor”” includes every person furnishing material or performing labor upon any building, erection, or other improvement, except those having contracts directly with the owner. “”Subcontractor”” shall include those persons having contracts directly with an owner-builder.
[C51, §982; R60, §1866, 1871; C73, §2144, 2146; C97, §3096, 3097; C24, 27, 31, 35, 39,
§10270; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.1; 81 Acts, ch 186, §1]
98 Acts, ch 1142, §1; 2007 Acts, ch 83, §1, 2; 2012 Acts, ch 1105, §2, 27, 28; 2012 Acts, ch
1138, §13, 40, 43
Referred to in §614.1
For the purpose of this chapter:
1. “”Administrator”” means the secretary of state.
2. “”Building”” shall be construed as if followed by the words “”erection, or other improvement upon land””.
3. “”General contractor”” includes every person who does work or furnishes materials by contract, express or implied, with an owner. “”General contractor”” does not include a person who does work or furnishes materials on contract with an owner-builder.
4. “”Labor”” means labor completed by the claimant.
5. “”Material””, in addition to its ordinary meaning, includes machinery, tools, fixtures, trees, evergreens, vines, plants, shrubs, tubers, bulbs, hedges, bushes, sod, soil, dirt, mulch, peat, fertilizer, fence wire, fence material, fence posts, tile, and the use of forms, accessories, and equipment furnished by the claimant.
6. “”Mechanics’ notice and lien registry”” means a centralized computer database maintained on the internet by the administrator that provides a central repository for the submission and management of preliminary notices, notices of commencement of work on residential construction properties, and mechanics’ liens on all construction properties.
7. “”Mechanics’ notice and lien registry number”” means a number provided by the administrator for all residential construction properties posted to the mechanics’ notice and lien registry.
8. “”Owner”” means the legal or equitable titleholder of record.
9. “”Owner-builder”” means the legal or equitable titleholder of record who furnishes material for or performs labor upon a building, erection, or other improvement, or who contracts with a subcontractor to furnish material for or perform labor upon a building, erection, or other improvement and who offers or intends to offer to sell the owner-builder’s property without occupying or using the structures, properties, developments, or improvements for a period of more than one year from the date the structure, property, development, or improvement is substantially completed or abandoned.
10. “”Residential construction”” means construction on single-family or two-family dwellings occupied or used, or intended to be occupied or used, primarily for residential purposes, and includes real property pursuant to chapter 499B.
11. “”Subcontractor”” includes every person furnishing material or performing labor upon any building, erection, or other improvement, except those having contracts directly with the owner. “”Subcontractor”” shall include those persons having contracts directly with an owner-builder.
[C51, §982; R60, §1866, 1871; C73, §2144, 2146; C97, §3096, 3097; C24, 27, 31, 35, 39,
§10270; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.1; 81 Acts, ch 186, §1]
98 Acts, ch 1142, §1; 2007 Acts, ch 83, §1, 2; 2012 Acts, ch 1105, §2, 27, 28; 2012 Acts, ch
1138, §13, 40, 43
Referred to in §614.1