§ 1921. Extent of lien; notice
(a) When a contract or agreement is made, whether in writing or not, for erecting, repairing,
moving, or altering improvements to real property or for furnishing labor or material
therefor, the person proceeding in pursuance of such contract or agreement shall have
a lien upon such improvements and the lot of land on which the same stand to secure
the payment of the same.
(b) A person who by virtue of a contract or agreement, either in writing or parol, with
an agent, contractor, or subcontractor of the owner thereof, performs labor or furnishes
materials for erecting, repairing, moving, or altering such improvements shall have
a lien, to secure the payment of the same upon such improvements and the lot of land
upon which the same stand, by giving notice in writing to such owner or his or her
agent having charge of such property that he or she shall claim a lien for labor or
material. The notice shall include the date that payment is due, if known. Such lien
shall extend to the portions of the contract price remaining unpaid at the time such
notice is received.
(c) A lien herein provided for shall not continue in force for more than 180 days from
the time when payment became due for the last of such labor performed or materials
furnished unless a notice of such lien is filed in the office of the town clerk as
hereinafter provided.
(d) A lien under this section shall not take precedence over a deed or other conveyance
to the extent that consideration therefor has been paid in good faith before record
of such lien. Such lien shall not take precedence over a mortgage given by the owner
thereof upon such building, property, or improvements and the lot of land on which
the same stand, as security for the payment of money loaned and to be used by such
owner in payment of the expenses of the same, if such mortgage is recorded before
such lien is filed in the office of the town clerk as hereinafter provided. If such
mortgagee shall receive written notice that any lien hereunder is to be claimed, such
lien shall take precedence over such mortgage as to all advances thereafter made under
such mortgage to such mortgagor, except such advances as the mortgagee may show were
actually expended in completing such improvements to real property.
(e) The lot of land covered by such lien shall be deemed to be all of the land owned or
held by the owner and used or designed for use in connection with such improvements,
but such lien shall not extend to other adjacent lands used for purposes of profit.
(f) A lien under this section may not be waived in advance of the time such labor is performed
or materials are furnished, and any provision calling for such advance waiver shall
not be enforceable. (Amended 1985, No. 128 (Adj. Sess.); 2003, No. 144 (Adj. Sess.), § 1.)