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CAN A LIEN BE RENEWED AT THE END OF 6 MONTHS?

I PAID A GENERAL CONTRACTOR FOR A PAINT JOB (LICENSED/REGISTERED) IN IDAHO. HE HIRED A SUB-CONTRACTOR, UNLICENSED...NO PAPERWORK. THE JOB SHOULD HAVE LASTED 3 WEEKS, INSTEAD 3 MONTHS. I BABYSAT THE JOB WHICH WAS FRUSTRATING, THE GENERAL SHOULD HAVE FIRED, WHICH I RECOMMENDED. GENERAL IS ON OTHER PROJECTS. I HAVE A PAPER TRAIL, GENERAL PAID IN FULL. THE GENERAL WAS IRKED AT SOME OF THE WORK BY THE PAINTER AND NEVER PAID HIM. I HAVE A BUYER FOR THE HOUSE, IT HAS A LIEN FROM THE PAINTER (UNOFFICIAL DOCUMENT). CLOSING IS JUNE 10, LIEN EXPIRES JUNE 20. LIEN WAS TEXTED TO ME ON DECEMBER 20 FROM PAINTER...I COMPLAINED TO GENERAL HE SAID LIEN NOT VALID AS IS AN UNOFFICIAL DOCUMENT NOT A JUDGMENT AND PAINTER HAS NO LICENSE OR PAPER TRAIL. MY QUESTION IS CAN THE PAINTER RENEW HIS LIEN ON MY HOUSE? THE GENERAL AND PAINTER WERE SCHEDULED FOR SMALL CLAIMS COURT A COUPLE OF TIMES. ALL COURT DATES HAVE NOW BEEN PUSHED TO AUGUST BECAUSE OF COVID19. I'VE BEEN BACK AND FORTH WITH GENERAL, WE ARE PLEASANT (THEY THINK LIEN NOT VALID). IT IS VERY SERIOUS WITH THE TITLE COMPANY INVOLVED. IT WAS MENTIONED I COULD PAY THE $4300 AND TAKE THE GENERAL TO COURT. SO, AGAIN WILL THE PAINTER BE ABLE TO RENEW THE LIEN ON OR BEFORE JUNE 20TH?...THANK YOU!

4 replies

May 21, 2020

Yes, it's possible for an Idaho mechanics lien to be extended for 6 months. Generally, that's called an "extension of credit." You can learn a little more about it here: Idaho mechanics lien extensions. Further, if you pay the subcontractor's lien, it will be possible to make a claim against the GC who failed to pay them to recover that amount. Regarding licensing - it doesn't look like painters need to be licensed in Idaho, so the sub's failure to hold a license shouldn't affect the validity of the lien claim. Finally, this article should be useful to you: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

Can a GC unilaterally decide to withhold payment?

A GC who's been fully paid ultimately has a responsibility to pay their subs and suppliers from those funds. If that GC had to fix some of the sub's work, if the GC incurred additional costs, or if the GC had funds withheld from them - then it would make sense for the GC to withhold from their sub. But, if the owner was willing to make full payment and if the GC didn't experience any loss, then it doesn't make any logical sense for the GC to simply pocket some of the sub's pay. And, demanding that they release payment would make sense.

Idaho GC's are responsible for subcontractor liens

It looks like § 45-511 of Idaho's mechanics lien statute requires the GC to defend the owner from subcontractor lien claims. Further, it looks like that section also states that an owner who's paid their GC in full will be legally entitled to recover from the GC if the owner must pay the subcontractor's lien. So, again: Applying pressure on the GC who failed to pay their subs should be an effective measure for resolving a subcontractor lien. And, threatening legal action, if necessary, could do the trick.

Notice of the lien filing

Notice of an Idaho lien filing should be sent to the owner by certified mail or by personal delivery. Failure to send the notice, as required, could result in an invalid lien. Though, if the owner actually receives notice, it's possible that might be deemed sufficient.

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May 21, 2020

thank you! I may hire a construction attorney oor forward this reply.

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May 21, 2020

Great point - I'd meant to add that consulting an Idaho construction attorney would be wise. They'll have much more experience with lien disputes in the state and will be better equipped to help navigate your rights. Currently, it looks like Diane Utz is the only Idaho construction attorney in the Levelset Expert Center - and you can contact here directly from her profile here: Diane Utz | Construction Attorneys in Idaho.

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May 21, 2020

thank you again!

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