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Can I file a mechanic's lien?

IdahoRight to Lien

We are a heavy equipment Caterpillar dealer supplying equipment to our client in the state of WA. Our client operates a mill that uses wheat farmer's waste straw to create pulp for paper products for a variety of industrial uses. They are utilizing our gear to handle/process the large straw bales, to help with facility operations, and facility maintenance. Do we have any lien rights?

1 reply

Nov 19, 2020

Mechanics lien rights in Idaho are only available when the labor, materials, or equipment are "used in the construction, alteration, or repair" of real property. From your description it appears that the equipment is being used for manfacturing and operational purposes, this likely won't qualify for lien rights. Thus, if you end up going unpaid on this particular contract, your remedies will be limited to claims for breach of contract and/or unjust enrichment claims. 

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