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If a lien expires for time, can the same lien be refiled"

Idaho

If someone files a Mechanics Lien in Idaho, but does NOT file a lawsuit within the required 6 month time period and the lien becomes invalid for time -- Can that person REFILE A NEW LIEN OR LAWSUIT COVERING THE SAME AMOUNT FOR THE SAME TIME PERIOD THAT JUST EXPIRED? IN OTHER WORDS, CAN THE PRIOR EXPIRED LIEN BE EXTENDED BY WAY OF FILING A NEW LIEN OR LAWSUIT AS THE ONE THAT EXPIRED?????

5 replies

Sep 12, 2020

Idaho law is very specific regarding the duration and the conditions under which a lien can be extended. 

If during the six (6) months after filing the lien, the property owner makes a partial payment or if you extend credit to the property owner with a specific expiration date and the payment or credit and expiration date is endorsed on the record of the lien, the lien can be extended for an additional six (6) months after the date of the payment or the expiration date of your credit extension. Click on the link below to read the statute.

Idaho Statute 45-510 Duration of Lien 

However, Idaho law does NOT prevent you from filing a civil suit against the property owner in an attempt to recover the amount owed. If the property ownerwould agree, a much less expensive alternative would be to submit the matter to binding mediation or arbitration. Click on the link below for information on Mediation Arbitration

Mediation Arbitration  

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Sep 12, 2020
I guess I wasn't clear in my question:
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Sep 12, 2020
If party A files a lien against party B for $5,000 and lets the lien expire after 6 months without following up by filing a lawsuit, can party A come back 3 years later and file a new 2nd lien for $10,000 encompassing the $5,000 of the original lien that had expired? Or because the first lien of $5,000 expired, is Party A barred from filing a 2nd lien which includes the same $5,000 amount that had expired from the first lien.
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Sep 12, 2020
Please help me understand. Thank you
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Sep 12, 2020

Idaho stature 45-507 requires that the lien be filed within ninety (90) days after you last worked on or provided material for the project. If you don't file your lien within that ninety (90) days, you forfeit your right to lien.

I am assuming you are registered as a contractor with the Idaho Contractors Board. If not you are denied and have conclusively waived any right to file a lien (54-5208).

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