§ 572.2

572.2 Persons entitled to lien. 1. Every person who furnishes any material or labor for, or performs any labor upon, any building or land for improvement, alteration, or repair thereof, including those engaged in theconstruction or repair of any work of internal or external improvement, and those engagedin grading, sodding, installing nursery stock, landscaping, sidewalk building, fencing on anyland or lot, by virtue of any contract with the owner, owner-builder, general contractor, orsubcontractor shall have a lien upon such building or improvement, and land belonging tothe owner on which the same is situated or upon the land or lot so graded, landscaped,fenced, or otherwise improved, altered, or repaired, to secure payment for the material orlabor furnished or labor performed. 2. If material is rented by a person to the owner, general contractor, or subcontractor, the person shall have a lien upon such building, improvement, or land to secure payment for thematerial rental. The lien is for the reasonable rental value during the period of actual use ofthe material and any reasonable periods of nonuse of the material taken into account in therental agreement.

rial rental. The lien is for the reasonable rental value during the period of actual use ofthe material and any reasonable periods of nonuse of the material taken into account in therental agreement. The delivery of material to such building, improvement, or land, whetheror not delivery is made by the person, creates a presumption that the material was used in thecourse of alteration, construction, or repair of the building, improvement, or land. However,this presumption shall not pertain to recoveries sought under a surety bond. 3. An owner-builder is not entitled to a lien under this chapter as to work the owner-builder performs, or is contractually obligated to perform, prior to transferring title to the buyer. [C51, §981, 1010; R60, §1846; C73, §2130; C97, §3089; C24, 27, 31, 35, 39, §10271; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.2] 98 Acts, ch 1142, §2; 2007 Acts, ch 83, §3; 2012 Acts, ch 1105, §3, 27, 28; 2012 Acts, ch 1138, §13 Homestead liable, §561.21 Sat Dec 23 11:07:44 2023 Iowa Code 2024, Section 572.2 (23, 0)