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lien once ground has been broken

we are starting a new construction home in Idaho. Can a contractor place a lien on the entire project once ground has been broken? I do not have a problem with this knowing once payment is made for, say roofing, if we are given a release from the original amount

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Feb 28, 2020

In Idaho, “every person performing labor upon, or furnishing materials to be used in the construction, alteration or repair” of virtually any kind of real property or improvement is granted mechanics lien rights "for the work or labor done or professional services or materials furnished." This means that the work which a lien is claimed must actually occur in order for the lien claim to be valid. A lien may not be claimed for work or material not furnished to the project. Additionally, on residential projects, a general contractor must provide a written Residential Disclosure Statement prior to entering into a contract greater than $2000. It is not contemplated by Idaho laws for mechanics lien claimants to file a mechanics lien and then release it part by part as work is completed and paid for.

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Mar 2, 2020

Idaho does not have a pre-lien notification requirement like other states. A contractor has ninety (90) days following the completion of his work on a project to file a lien. §45-507 (2). Typically, a lien is not filed until after the project owner or general contractor, if you are a subcontractor, has been invoiced and has not paid the invoice when due. Thus the 90 day provision. A lien is only binding on the property for six (6) months from the date of filing unless court action is taken to enforce the lien §45-510. It should be noted that a contractor must be registered as a contractor with the state in order to file a lien. If not registered, the contractor forfeits his or her lien rights. Contractor registration can be verified at https://ibol.idaho.gov/IBOL/AgencyAdditional.aspx?Agency=427&AgencyLinkID=30 It is a felony under Idaho State Law to file a false lien §18-3203.

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