Rick Stacey is a construction attorney in Boise, ID. He is licensed to practice in Idaho and has 18 years of experience practicing construction and real property litigation. Rick attended The University of Utah S.J. Quinney College of Law and received his JD degree in 2003. He currently works at Mcconnell Wagner Sykes + Stacey PLLC. More...
Founding Member at Mcconnell Wagner Sykes + Stacey PLLC
The Idaho Supreme Court has not resolved this issue. Nonetheless, failure to provide the contractor disclosures should not invalidate your lien. The statute provides a specific remedy (i.e., the failure to provide the notices may constitute a breach of the Consumer Protection Act). It does not state or imply that a contractor will lose their lien rights if they fail to comply. Moving forward you should definitely start providing the disclosures for every residential project. See More...
Founding Member at Mcconnell Wagner Sykes + Stacey PLLC
Your question is too broad to provide a specific answer but there are a variety of form Design Build Construction Contracts where the Contractor is paid for the cost of the work plus a fee. Three of the most popular are from the Architect's Institute of America (AIA), ConsensusDocs, and Design-Build Institute of America (DBIA). All ofSee More...See More...
Founding Member at Mcconnell Wagner Sykes + Stacey PLLC
Your best bet is to sue the homeowner for breach of contract in small claims court as the costs of using a lawyer would be cost prohibitive. You would end up spending exponentially more on attorneysSee More...See More...
Founding Member at Mcconnell Wagner Sykes + Stacey PLLC
You do not need an attorney to pursue a lien but I strongly recommend that you use one. There are several statutory requirements that must be strictly complied with or your lien will be invalid. An experienced construction attorney will help make sure you don't miss anything. See More...
Founding Member at Mcconnell Wagner Sykes + Stacey PLLC
A contractor must record a construction lien within 90 days of its last day of non-trivial work. That said, a contractor you hire can sue you for breach of contract for up to five years after the contract is/was breached. Removing the lien will not eliminate your obligation to pay for the work. The lien will be invalid if the contractor doesn't file a lawsuit to foreclose it within 6 months of the date it is filed but it will still remain of record and could cause issSee More...See More...