MHHS · Prompt Payment and Construction Lien Act
Part 2 — Creation of Lien
21 Money required to be retained
(a) a certificate of substantia l performance is issued for a
contract,
(b) a period of 60 days has expired from the date of issue of
the certificate of substantial performance, and
(c) no lien has been registered,
the amount that the owner is required to retain under section 18 is
reduced by 10% of the value of the work actually done and
materials actually furnished under the contract at the date of issue
of the certificate of substantial performance.
(2) Notwithstanding section 18(1), if
(a) a certificate of substantia l performance is issued for a
subcontract,
(b) a period of 60 days has expired from the date of issue of
the certificate of substantial performance, and
(c) no lien has been registered,
the amount that the owner is required to retain under section 18 is
reduced by 10% of the value of the work actually done and
materials actually furnished under the subcontract at the date of
issue of the certificate of substantial performance.
(3) Notwithstanding section 18(1.1), if, with respect to
improvements to an oil or gas well or to an oil or gas well site,
(a) a certificate of substantia l performance is issued for a
contract,
(b) a period of 90 days has expired from the date of issue of
the certificate of substantial performance, and
(c) no lien has been registered,
RSA 2000
PROMPT PAYMENT
the amount that the owner is required to retain under section 18 is
reduced by 10% of the value of the work actually done and
materials actually furnished under the contract at the date of issue
of the certificate of substantial performance.
(4) Notwithstanding section 18(1.1), if, with respect to
improvements to an oil or gas well or to an oil or gas well site,
(a) a certificate of substantia l performance is issued for a
subcontract,
(b) a period of 90 days has expired from the date of issue of
the certificate of substantial performance, and
(c) no lien has been registered,
the amount that the owner is required to retain under section 18 is
reduced by 10% of the value of the work actually done and
materials actually furnished under the subcontract at the date of
issue of the certificate of substantial performance.
(4.1) Notwithstanding section 18(1.2), if, with respect to
improvements primarily related to the furnishing of concrete as a
material or work done in relation to concrete,
(a) a certificate of substantia l performance is issued for a
contract or a subcontract, as the case may be,
(b) a period of 90 days has expired from the date of issue of
the certificate of substantial performance, and
(c) no lien has been registered,
the amount that the owner is required to retain under section 18 is
reduced by 10% of the value of the work actually done and
materials actually furnished under the contract or the subcontract,
as the case may be, at the date of issue of the certificate of
substantial performance.
RSA 2000 cB-7 s21;2001 c20 s5;2020 c30 ss8,27