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Consulting and Mechanics Lien

IdahoLawsuit

I am a general contractor who at one point used a company who sent us referrals. We cut ties with that company because they refused to enter into a contract with us (so there is no contract), they used stock photos instead of actual work, and they misrepresented services that we could do. They never did any actual labor and again, there was never a contract in place. Most recently, they referred us to a job and when we got there, we realized what the promised could not be done. We declined the job. The homeowner then changed what they wanted and worked directly with us. The referral company is now demanding payment, and threatening to file a construction lien. Does a "consulting" or "estimating" firm have rights to do this ? Again, they have never performed any labor or provided material.

1 reply

Aug 10, 2022

Section 45-501 of the Idaho Code states that: 

every professional engineer or licensed surveyor under contract who prepares or furnishes designs, plans, plats, maps, specifications, drawings, surveys, estimates of cost, on-site observation or supervision, or who renders any other professional service whatsoever for which he is legally authorized to perform in connection with any land or building development or improvement, or to establish boundaries, has a lien upon the same for the work or labor done or professional services or
materials furnishe
d...

Although I am not an attorney, I would NOT consider a consulting firm that provides leads for potential jobs a professional engineer or licensed surveyor and I am unaware of any Idaho Statute which requires that they be "legally authorized to perform" such service in connection with any land or building development or improvement,

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