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How do I fight a contractors lien I never knew was filed?

IdahoMechanics Lien

I just found out a contractor we hired placed a lien on our property. I was told by our mortgage company it was filed in December. I was never notified and we do not owe him the amount of money he is requesting. There were so many things wrong on the job that we back charged him to fix the items he also agreed to deduct $4000 from the balance due and yet his lien is now including that amount. How do I fight back... I have never received anything from the courts or anything???

2 replies

Jun 27, 2021

The lien is likely invalid for failure to provide notice as the Idaho lien statutes require that the lien be served upon you by hand delivery or by registered mail within 5 days of the date the lien was recorded. Service is effective regardless of whether you accepted the certified mailing. Regardless, the lien expires 6 months after the date it was recorded unless a lawsuit to foreclose the lien is filed in the county where the property is located. If the contractor failed to foreclose its lien within 6 months it is invalid and you can have it removed by filing a lawsuit to quiet title. Keep in mind that the contractor could still sue you for breach of contract even if the lien is invalid. Either party to a written contract can sue for damages due to a material breach by the other (including for non-payment) for up to 5 years after the construction work is substantially completed.    

Jun 27, 2021
Thank you Rick for your reply... There was never a signed contract, my bad. He gave me a quote and we started work. Early in the project I ended up buying the lumber package, the trusses and a number of other things. He took his quote and turned it into a Time and Material job which I told him we are NOT DOING THIS. The whole job was a disaster - when he filed the lien he filed it on our house.... He did not do ANY work on our house. He built another house with a completely different address... wouldn't that make it invalid. Why did I not receive anything from the court saying their was a lien placed on our home?? I did a search at the county and could find nothing??

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