Private Projects

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notice requirements Private Projects lien requirements Private Projects
prime contractor Private Projects On residential projects, must give Residential Disclosure before entering contract for more than $2000. Must be filed within 90 days after last furnishing of labor/materials. Action to enforce due within 6 months of filing lien.
sub laborer Private Projects None. Must be filed within 90 days after last furnishing of labor/materials. Action to enforce due within 6 months of filing lien.
supplier other Private Projects None. Must be filed within 90 days after last furnishing of labor/materials. Action to enforce due within 6 months of filing lien.

NOTICE REQUIREMENTS

* Generally, Idaho is a non-notice state. As such, there are no requirements to send any preliminary notices or to send any notices of intent to lien. There are exceptions to this general rule, which are identified below.

* For Residential Projects greater than $2,000, the General Contractor must give a “Residential Disclosure Statement” to a homeowner or residential real property purchaser before entering into the contract.

THE MECHANICS LIEN

* Referred to as “Claim of Lien”

* Must be filed within 90 days from last furnishing labor and/or materials to the project.

* An action to enforce / foreclose on the lien must be filed within 6 months from the date the Claim of Lien was filed.

* Notice of filing the Claim of Lien must be provided to the property owner within 5 days following the filing. This must be delivered personally, or mailed via certified mail to the last known address.

* Return trips to the property for punch list or repair work do not extend the lien period

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