CPA · Prompt Payment and Construction Lien Act
Part 2 — Creation of Lien
6 Creation of lien
(a) does or causes to be done any work on or in respect of an
improvement, or
(b) furnishes any material to be used in or in respect of an
improvement,
for an owner, contractor or subcontractor has, for so much of the
price of the work or material as remains due to the person, a lien on
the estate or interest of the owner in the land in respect of which
the improvement is being made.
(2) When work is done or materials are furnished
(a) preparatory to,
(b) in connection with, or
RSA 2000
PROMPT PAYMENT
(c) for an abandonment operation in connection with,
the recovery of a mineral, then, notwithstanding that a person
holding a particular estate or interest in the mineral concerned has
not requested the work to be done or the material to be furnished,
the lien given by subsection (1) attaches to all estates and interests
in the mineral concerned, other than the estate in fee simple in the
mines and minerals, unless the person holding the estate in fee
simple in the mines and minerals has expressly requested the work
or the furnishing of material, in which case the lien also attaches to
the estate in fee simple in the mines and minerals but not to that
person's estate, if any, in the rest of the land.
(3) A lien attaching to an estate or interest in mines and minerals
also attaches to the minerals when severed from the land.
(4) For the purposes of this Act, a person who rents equipment to
an owner, contractor or subcontractor is, while the equipment is on
the contract site or in the immediate vicinity of the contract site,
deemed to have performed a service and has a lien for reasonable
and just rental of the equipment while it is used or is reasonably
required to be available for the purpose of the work.
RSA 1980 cB-12 s4;1985 c14 s4