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Can a subcontractor of an architect lien a construction project?

IdahoMechanics LienRight to Lien

The architect hired a subcontractor to consult on the design of a construction project. the architect has not paid the subcontractor for 4 months. Does the subcontractor have the ability to lien the project for non-payment?

1 reply

Sep 23, 2019
Generally in Idaho, mechanics lien protection is very broad, and extends to "every person performing labor upon, or furnishing materials to be used in the construction, alteration or repair” of virtually any kind of real property or improvement is granted mechanics lien rights. Materials or equipment lessors are also explicitly allowed to file a lien. Further, professional engineers, licensed land surveyors, and persons providing on-site management or supervision are granted mechanics lien protection. With respect to a party who "furnishes designs, plans, plats, maps, specifications, drawings, surveys, estimates of cost, on-site observation or supervision, or who renders any other professional service whatsoever" a lien is allowed when: 1) the party is legally authorized to perform the work; and 2) the work was done at the insistence of the owner or the owner's agent (contractors, subcontractors, architects, and builders all count as agents of the owner for these purposes). Accordingly, if a subcontractor is properly licensed to perform the work provided to an architect, and the timing and formal requirements related to the filing of the lien are met, the protection of a mechanics lien should likely be available. Note, however, that the deadline by which a mechanics lien must be filed in Idaho is only 90 days from the date the claimant last furnished labor or material to the project.
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