Idaho Lien Waivers Guide and FAQs

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Idaho Lien Waiver FAQs

Idaho Lien Waivers Overview

Idaho Lien Waiver Rules


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lien waivers not regulated
No Specific Form

Idaho does not require any specific lien waiver form. Any form may be used.


lien waivers do not need to be notarized
Notarization Not Required

Idaho lien waivers are not required to be notarized, and gain no benefit from notarization.


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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.


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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.

Idaho Lien Waivers FAQs

Idaho lien waivers are exchanged by job participants all the time - both around the time of payment, and sometimes by contract. In Idaho, lien waivers are not regulated by stature. This means that there are no specific laws setting forth the forms and rules of exchanging these documents. Lien waivers can have significant impact on legal rights, so its important to pay attention to them. Some states really restrict what can and cannot be done with lien waivers, but Idaho really doesn't. Accordingly, construction job participants must be very careful when preparing, signing, requesting, exchanging, and otherwise handling lien waivers - or contracts that may include lien-waiver language.

Idaho Lien Waiver FAQs

Does Idaho require a specific statutory lien waiver form?

No, Idaho does not require or have statutory forms for lien waivers.

What are the requirements for an Idaho lien waiver? What makes a lien waiver binding?

No specific statutory provisions controlling lien waivers.  When determining a lien waiver, courts most likely will look to the intentions of the parties involved.

Are Unconditional Lien Waivers Prohibited in Idaho?

No, Idaho has no statutory provisions or case law prohibiting unconditional lien waivers.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Idaho?

No, Idaho has no specific statutory provision disallowing advance lien waiver, but Idaho court decisions have routinely declared advance lien waivers to be unenforceable unless the waiver is supported by some consideration.

Must an Idaho lien waiver be notarized?

No. Idaho does not require lien waivers to be notarized.

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Recent Questions & Answers
About Idaho Lien Waivers

Is a Notary Section required?

For the state of Idaho, is a notary section required on Pay Applications and Lien Releases? If not, are there any issues/liabilities with removing the...

This is second request on a project that Owner has not paid a subcontractor draw request.

I'm the General Contractor working for a client who is acting as the Owner/Builder. Client is from California and a past developer of Condominiums. The...

New client of Zlien. Just completed Conditional Releases and checks paid out. Now Client wants me to now go back and request Unconditional Relaeses for those same amounts??

Is it necessary to request an Unconditional right after the Conditional. Seems like a lot of additional paperwork. Is this something in the Idaho law...

Free Idaho Lien Waivers Forms & Templates

Idaho does not have specific forms that must be used to waive lien rights in Idaho construction projects. Since there is little regulation of lien waiver forms, they can say pretty much anything. These forms were drafted by construction attorneys to be safe, easy, stress-free, and fair for everyone involved. And they can be used on any Idaho job.

The forms provided here for free by Levelset are easy, clear, and fair. You can download them free, or use our free system to send or request your Idaho lien waiver form.

Free Idaho Lien Waiver Forms

These Idaho lien waiver forms are clear, fair, and simple. Make it easy, and use forms from the source you can trust.

Idaho Final Conditional Lien Waiver Form - free from

Idaho Final Conditional Lien Waiver Form

This id final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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Idaho Final Unconditional Lien Waiver Form - free from

Idaho Final Unconditional Lien Waiver Form

This id final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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Idaho Partial Conditional Lien Waiver Form - free from

Idaho Partial Conditional Lien Waiver Form

This id partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Idaho Partial Unconditional Lien Waiver Form - free from

Idaho Partial Unconditional Lien Waiver Form

This id partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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