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Can I file a lien if I didn't send disclosures prior to starting work?

Idaho

We had to fire a customer due to his constant interference with our crews, lying to crew and subs, manipulating to get extras for free. I have a final invoice for work completed and his requested change orders, and I fear I won't see a penny on it. Looking for options if he doesn't pay. I already know there's a dispute about an AC unit he had put in by my sub, I paid for it and then he had it removed because it wasn't what he thought it was. I paid for it and he doesn't want to pay for it at all.

1 reply

Aug 9, 2021

If you failed provide the contractor disclosures required pursuant to Idaho Code Section 45-525, this could constitute a breach of the consumer protection act but it should not affect your right to record a lien. To recover damages for a breach of the consumer protection act, the homeowner would need to prove that his/her damages were caused by your failure to provide one or more disclosures required by the statute.   

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