Idaho Mechanics Lien Form

In general, a mechanics lien is an appropriate remedy to recover the reasonable cost of any labor or materials furnished for the improvement of the property. If, they provided either and weren't paid, a lien may be placed against the property; even if the quality of the work is disputed. However, if the contractor goes through with their claim and files an enforcement action, evidence of the sub-standard work can be introduced to reduce or completely offset the amount of the claim. You should hang on the all estimates, invoices, receipts, and related documentation for both the original and the replacement contractor. One additional thing to point out. Depending on how accurate your "4 month" estimate is, the lien might be facially invalid. The deadline to file an Idaho mechanics lien is within 90 days after the the last date of furnishing labor or materials to the project. Check the lien filing date and compare it to the last date the contractor was on your property performing work. If beyond the 90-day limit, you should send a demand letter for the release of the claim, citing the appropriate statute. (Idaho Code §45-507). If they refuse to release the invalid claim, you will likely have to petition the court for the release. In either scenario, you should consult with a local construction attorney to discuss your options moving forward, as some form of legal action seems to be inevitable. We have a few Idaho-based construction attorneys in our Levelset Community that you can reach out to personally, or the Idaho Bar Association Referral Service.

The only instance where preliminary notice is required to be provided in Idaho is when a general contractor is performing work on a residential project with a contract in excess of $2,000. Subcontractors, suppliers, and other parties are specifically exempt from this notice requirement, and are not required to provide any notice prior to filing a lien for nonpayment, and further, the subs' or suppliers' rights are not limited by the GC's failure to provide the notice. There are, however, specific rules and requirements that must be met in order to claim a lien in Idaho.  In order to be valid and enforceable, an Idaho mechanics lien must be filed within 90 days after last furnishing of labor or materials. And, specific information must be included on the lien claim (which also must meet form requirements to be recorded with the county in which the work was performed). A claimant Idaho must include the following on the lien claim, and must verify by oath that the information claimed is believed to be correct and just: (a) A statement of his demand, after deducting all just credits and offsets; (b) The name of the owner, or reputed owner, if known; (c) The name of the person by whom he was employed or to whom he furnished the materials; and (d) A description of the property to be charged with the lien, sufficient for identification. There are also service requirements that must be met. You can complete and record a lien template manually, hire an attorney to help, or complete the process online.

In Idaho, there are no "prompt pay" laws that specify the timing of payments to subcontractors on construction projects. Additionally, Idaho courts will enforce a "pay if paid" (or "pay when paid") clause in a contract between the direct contractor and a subcontractor when the clause is explicit. This means that, in a situation in which the GC is never paid for some of the work, the payment to the sub may not become due. These contingent payment clauses create a valid condition precedent to payments Hoffs Cos v. Danner, 822 P.2d 55 (Idaho 1991). Note, however, that if the work has been completed, a lien right arises to protect against nonpayment. A mechanics lien secures the value of the work performed or materials furnished through the property itself. This means that a mechanics lien claimant can skip over the GC and collect directly from the property owner in some cases. In Idaho, the deadline to file a mechanics lien is 90 days after the labor or materials were furnished to the property, and then must be enforced (through a foreclosure lawsuit) within 6 months from filing the lien. Mechanics liens provide strong protection to ensure payment on all projects, but the timelines must be strictly complied with. 2 years is well outside the time for a mechanics lien, but there could still potentially be a valid action for breach of contract, or some other cause of action through which you could recover payment. It may be worth talking to a local attorney about the specifics of your potentialscase here, and in the future, implementing a mechanics lien policy to make sure you stay secured.