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If a sub contractor files a lien, and doesn’t contact me for payment after filling date will the 6 month deadline be enforced and the lien then no longer valid

Sub agreed to a price , then framed home out of level refused to fix correction. We then hired another sub to fix, he did. We deducted the cost to fix. Original sub was informed of money left to him and to pick up check. He didn’t, come to find out he filed a lien weeks before . Want a lot more mony

1 reply

Jul 12, 2019

There are a lot of rules and requirements that must be met and complied with in order for a claimant to file and retain a valid and enforceable mechanics lien.

For projects in Idaho, a subcontractor must file a mechanics lien within 90 days from the date the sub last furnished labor or material to the project, and serve a copy of the lien on the owner of the property, or reputed owner of the property, within 5 days of filing the lien in the county recorder’s office.

Additionally, in order to keep the lien from being extinguished, an action to enforce the lien (a foreclosure action) must be initiated by filing suit within 6 months of the date on which the lien was filed. This deadline is absolute - Idaho mechanics liens cannot be extended. If the deadline to enforce the lien is missed, the lien is no longer enforceable.

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