Idaho Lien Waiver Rules
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No Specific Form
Idaho does not require any specific lien waiver form. Any form may be used.
Notarization Not Required
Idaho lien waivers are not required to be notarized, and gain no benefit from notarization.
Can Waive Rights in Contract
There is no specific prohibition on lien waivers in advance of providing labor or materials to an Idaho job, but Idaho court decisions have routinely declared advance lien waivers to be unenforceable unless the waiver is supported by some consideration.
Can Waive Rights Before Payment
There is no specific prohibition on lien waivers prior to payment in Idaho, but Idaho court decisions have routinely declared advance lien waivers to be unenforceable unless the waiver is supported by some consideration.
Lien waivers are not heavily regulated in Idaho, with respect to both form and language, and timing. Idaho statutes and case law seem to suggest that lien waivers (also sometimes called lien releases or releases) are treated just like any other contract.
This means that in Idaho, construction participants ought to look very closely at what is being agreed upon in any contract and lien waiver document. Since lien rights appear to be able to be waived before work even begins, it is crucial to examine contracts for “no-lien” clauses. And, when waiving lien rights after work has been performed, or pursuant to payment, it’s worth making sure that there is not language hiding in the document that waives more than intended.
As such, good, clean, standard, and clear lien waiver forms and language is best practice for construction participants in Idaho.
Below are some frequently asked questions about the lien waiver laws and requirements in Idaho.
