Idaho Mechanics Lien Form

No, changes in other parties' circustances generally shouldn't affect the information an Idaho mechanics lien claimant puts on their own lien claim - particularly when those changes in circumstance occurred after the claimant's work was completed. For example: Idaho mechanics liens should generally include the claimant's hiring party and their contact info. Even if that hiring party goes out of business, they're the ones who hired the claimant to do work on the job. So, listing that hiring party, even if they're defunct, is appropriate since it represents accurate, required information about how the claimant came to perform work on the job.

It's worth noting that this is the exact type of situation is why lien rights are so crucial for subcontractors, suppliers, equipment rental companies, and others who were hired by someone other than the owner on the job. Despite the fact that the customer has gone belly-up, a mechanics lien claim can attach to the property and force payment from someone else on the job - like the owner, developer, lender, etc.

For further discussion on Idaho mechanics lien rights and claims, these resources should be helpful to you: (1) Idaho Mechanics Lien Guide and FAQs; and (2) How to File an Idaho Mechanics Lien – Step by Step Guide to Get You Paid. Additionally, keep in mind that the mere threat of a mechanics lien claim will often be enough to force payment, particularly when a lien claim would disrupt the progress of a development: What is A Notice of Intent to Lien And Should I Send One?

Idaho does not have a preliminary lien requirement but §45-525 (2) of the Idaho Code does require the GC to provide a General Contractor Disclosure prior to entering into any contract in an amount exceeding $2,000 with a homeowner. The statute defines a "General Contractor" as anyone who contracts directly with the homeowner. If the homeowner is acting as the general contractor and is contracting directly with a number of specialty contractors to perform the work, every one of those specialty contractors is considered a "General Contractor" under the statute regardless of whether or not that specialty contractor is employing subcontractors. The General Contractor Disclosure must be signed and dated by the homeowner and the General Contractor needs to retain a copy.

In addition the General Contractor Disclosure form which must be signed by the homeowner, §45-525 (3) (a) of the Idaho Code requires the General Contractor to provide the homeowner with the names and contact info for all subcontractors, material suppliers, and rental equipment providers who performed work or provided material or rental equipment greater than $500 in value. The list must be provided prior to final payment by the homeowner. The law also authorizes the subcontractors to inform the homeowner of any amounts due them.

Failure to provide the homeowner with the General Contractor Disclosure could be cited as the grounds for dismissing a lien.

However, failure of the General Contractor to provide the list to the homeowner does NOT affect the subcontractors, material suppliers, or rental equipment providers right to file a lien. They simply have to follow the requirements set forth in §45-507 of the Idaho Code. Here is a link to the website where you can read and download the code sections.Idaho Statutes 

You can download copies of the required disclosures for free on my website

https://chuckmillerconsulting.com/free-downloads/

Gravel extraction would likely give rise to mechanics lien rights in Montana as long as the ultimate goal of the project wasn't to remove the gravel simply to make it available for sale. But, if the point of the project is to extract gravel so it can be sold, then mechanics lien rights would likely not be available.

This question sounds very similar to another one posted here in the Community - and you can find a detailed breakdown of the relevant Montana statutes here: Can I file a mechanics lien? | Belgrade, MT.