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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. |
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None. | Must be filed within 90 days after last furnishing of labor/materials. Action to enforce due within 6 months of filing lien. |
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None. | Must be filed within 90 days after last furnishing of labor/materials. Action to enforce due within 6 months of filing lien. |
Idaho Mechanics Lien Frequently Asked Questions
It’s easy to file Idaho mechanics liens with Zlien, the web’s leading mechanics lien compliance manager and filing service. Plus, Zlien prepares and files Idaho mechanics lien cancellations, notices of intent to lien, and more. To learn more about Idaho’s mechanics lien law, read the frequently asked questions below.
Idaho Mechanics Lien FAQs
Who can file a Mechanic’s Lien?
Idaho provides relatively broad mechanics lien rights. According to Idaho statute, every person performing labor upon, or furnishing materials to be used in” virtually any kind of real property or improvement is granted mechanics lien rights. Materials or equipment lessors are also explicitly allowed to file a lien. Further, professional engineers, licensed land surveyors, and persons providing on-site management or supervision are granted mechanics lien protection.
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When is the Deadline to File a Mechanic’s Lien?
Idaho law requires that all lien claimants file their mechanics lien within 90 days of the date they last supplied labor or materials. Providing materials “trivial in character” if the work is substantially completed will not extend the period in which a lien may be filed, generally, punch-list items fall into this category. However, remedying a defect in the project at the demand of a public inspector is not the same as “punch-list” work, and has been found to be not “trivial” and may extend the time in which a lien may be filed.
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Do I Need to Send Notice the Lien Was Recorded?
Yes. Idaho law requires that the lien claimant send a copy of the Claim of Lien to the owner of the property, or reputed owner of the property, within 5 days of filing the Claim of Lien in the county recorder’s office. This copy must be delivered to the owner or reputed owner either by personal delivery, or by certified mail return receipt requested. This notice is essential.
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Can I Include Attorney’s Fees, Collection Costs, or Other Amounts in the Lien Total?
No. Attorney’s fees and other consequential damages should not be included in the lien amount. However, the lien claimant is entitled to recover his attorney’s fees and the costs for filing and recording the Claim of Lien in a foreclosure action when the lien is enforced.
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When is the Deadline to Enforce a Mechanic’s Lien, or, How Long is My Lien Effective?
In Idaho, all lien claimants must initiate the enforcement of the lien within 6 months from the date on which the lien was filed. Failure to meet this deadline for enforcement will result in the expiration of the lien claim. However, the time by which the lien must be enforced may be increased by “payment on account” or “an extension of credit given with expiration date thereof provided that “such payment or credit and expiration date, is indorsed on the record of the lien.” This extension allows the lien to be enforced within 6 months after the date of such payment or extension.
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Will My Lien Have Priority Over Pre-Existing Mortgages or Construction Loans?
No. Mechanics liens in Idaho have priority over other encumbrances/mortgages etc., following the “first-in-time” rule. For priority determinations, mechanics liens are judged to have attached on the date of the first work on the project by any of the trades. If a construction lender records the mortgage after the work has started, any mechanics lien would have priority.
In terms of priority battles between mechanics lien claims, mechanics liens are paid in the following order, by group: 1) laborers, 2)materialmen, 3) subcontractors, 4) prime contractor, 5) engineers/surveyors. All claimants in each step are paid before any in the next step, if there is not enough to satisfy all claimants in one step they will be paid pro-rata.
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Must the Lien Include a Legal Property Description?
No. Idaho only requires that the property be described sufficiently for identification.
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Must the Lien Include be Notarized?
Yes. Idaho requires mechanics liens to be notarized.
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Can I File a Lien if I’m Unlicensed?
It depends. Idaho law is intricate in the issue of licensing and registration of contractors. General and subcontractors on a construction project in Idaho are generally required to be licensed in order to claim a valid mechanics lien, subject to certain exceptions. However, if the contractor or subcontractor is unlicensed at the beginning of the project, and subsequently becomes licensed and registered during the project, the work performed after the licensing and registration will be protected. When a subcontractor is licensed but the general contractor is unlicensed, the ability of the subcontractor to claim a valid mechanics lien depends on the subcontractor’s knowledge of the general’s licensing and registration status – if the sub knew the general was unlicensed, that sub cannot claim a valid lien, however if the sub did not know the general was unlicensed, a mechanics lien is warranted.
Suppliers are not required to be licensed if they do not also install the materials supplied such that they are acting as a subcontractor.
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Can I File a Lien on a Condominium Project?
A mechanic’s lien may be filed against an individual condominium just as against every other property provided the lien claimant has valid mechanic lien rights.
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Who Cancels the Lien if/when I get Paid?
Idaho does not have specific requirements regarding the cancellation of a lien upon payment. Generally, however, a payment to satisfy a lien will be made in consideration of the claimant executing a satisfaction of lien document.
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Idaho Preliminary Notice FAQs
Do I need to send a Preliminary Notice?
No. Idaho does not require any notice to be given prior to the filing of a mechanics lien.
For residential projects, however, the general contractor must provide the homeowner or residential property purchaser with a written Residential Disclosure statement prior to entering into a contract greater than $2000.
Further, any party may choose to send a Notice of Intent to Lien in an attempt to get paid.
When do I need to send a Preliminary Notice?
N/A
What if I send the Preliminary Notice Late?
How Should the Preliminary Notice be Sent?
Preliminary notices are not required in Idaho, but if a party chooses to send any pre-lien notice, it may be sent however that party chooses.
Do I have to send the Preliminary Notice to Someone Other than the Owner?
Preliminary notice is not required. A copy of the lien documents themselves must be sent only to the owner, or reputed owner.
Is the Preliminary Notice Considered Delivered When Sent or When Received?
No preliminary notice is required. The Claim of Lien considered delivered when personally served, or when sent certified mail return receipt requested.
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Idaho Legal Updates
- May 21st 2013
Idaho Mechanics Lien Law: 5 Things to Know
See original article at Idaho Mechanics Lien Law: 5 Things to KnowFiling a mechanics lien has the tendency to ... - April 13th 2013
Idaho Mechanics Lien Lawsuit: Courts Rules on What Party Must Be Named
See original article at Idaho Mechanics Lien Lawsuit: Courts Rules on What Party Must Be NamedOne of the most ... - August 7th 2012
Idaho Liens May Attach Earlier Than You Think for Priority Purposes
See original article at Idaho Liens May Attach Earlier Than You Think for Priority PurposesIf a mechanic’... - August 7th 2012
What Determines Substantial Completion of Furnishing Labor and/or Materials In Idaho?
See original article at What Determines Substantial Completion of Furnishing Labor and/or Materials In Idaho?F... - May 4th 2012
Idaho Mechanics Lien Invalidated By Appeals Court Based on Contractor Registration Technicality
See original article at Idaho Mechanics Lien Invalidated By Appeals Court Based on Contractor Registration Tec...
