We are a Caterpillar Equipment Dealer our Power Systems team is delivering a diesel fuel storage tank to the Missoula Airport and this project will be funded by FAA funding, however our client is the sub (Martel Construction). This tank will be mounted/bolted to a concrete pad outside of the facility but fuel will be used for their main generators inside the facility. Do we have lien rights? If so, what is our deadline and are notices required?
Typically, any permanent improvement to underlying private property will result in mechanics lien rights. So, an installation that requires a significant amount of attachment to the project property - like massive, long-lasting equipment that gets bolted in - will typically be lienable work as long as the work was authorized and the underlying land is privately owned.
Note, of course, that the project type for an airport project may well be public - and if so, then a payment bond claim might be the more appropriate remedy. You can learn more about that at the following links: (1) What’s Your Project Type? Airport Construction Projects; and (2) What’s the difference between a bond claim and a mechanics lien?
Regarding liens and notices - note that you can learn everything about liens and notices here: (1) Idaho Mechanics Lien Guide and FAQs; and (2) Idaho Preliminary Notice FAQs. As mentioned there, the deadline to file an Idaho mechanics lien is 90 days after last furnishing labor or materials. Note that Idaho payment bond claims have this same 90-day deadline. As for notice requirements - only residential projects in Idaho require preliminary notice be sent before a lien claim is filed. It does not appear that there are any notice requirements for commercial or public jobs.