Home permits would guide workers seeking payment for their work

The building permit must be posted on the property. This applies to permits for one- or two-family homes issued under the Uniform Statewide Building Code. Post the permit before any labor or materials are provided, and keep it posted until all work on the property is complete.

A person seeking payment may notify the agent named on the permit by registered or certified mail, or by delivering notice in person. Missing the 30-day deadline limits a lien claim to work or materials provided on or after notice. This applies to people seeking a lien for labor or materials on a one- or two-family home when the permit names an agent. The notice must include the sender's contact information, any contractor license or certificate details, the permit number, a property description, and a statement that payment is sought. A person claiming a lien under § 43-3(B) is exempt from this notice bar. A person need not follow the notice rule for a lien memorandum recorded before the permit was issued, or when the permit does not name an agent. Give notice within 30 days after first providing labor or materials, or within 30 days after the permit is issued if work or materials were provided first.

When no permit is posted, or the posted permit does not name an agent, a person providing labor or materials must check with the proper authorities for permit and agent information. The issuing authority must keep agent information with its permit records. This applies to people providing labor or materials for a one- or two-family home when no permit is posted or the posted permit does not name an agent. No one must follow this checking rule when the permit does not name an agent or when the lien memorandum was recorded before the permit was issued.

The agent's duties are limited to receiving notices and, when asked, notifying a settlement agent involved in a transaction about the home. Agents may make written agreements about handling funds and may charge a reasonable fee for specified services. These provisions apply to mechanics' lien agents handling notices or funds for construction or repair of real estate. The agent's duties may be changed by a written agreement. Any written agreement with a third party governs how funds are transferred, paid out, returned, or otherwise handled.