Owner

One of the biggest areas of disagreement on the construction project involves workmanship issues. If money is withheld from a contractor or supplier for "workmanship issues", well the mechanics lien remedy is actually a great option . Proving that workmanship is below par will require expensive and extended litigation considering these issues often require a full-blown trial. Yet, when a mechanics lien is filed, it ties up the property and has consequences to the owner and prime contractor immediately with no trial or further legal action required. 

The only remedy for the property owner or prime contractor to fix a mechanics lien problem is to pay the lien claim or file an action challenging the lien. If an action is filed claiming the lien you may file is improper because of workmanship issues, the challenging party will have a very hard time prevailing. To explain further: courts typically don't entertain factual arguments that require full-blown trials in summary mechanic lien removal proceedings. Therefore, if there is a dispute over workmanship at the property, the judge presiding over the mechanics lien challenge will likely rule and should rule that the lien was properly filed and will stick around until the workmanship issues are decided by a judge after a full trial. 

In summary, you can file a mechanics lien even when the workmanship is in dispute, and it's probably a good idea to do so and will likely create leverage for you to negotiate a deal. Keep in mind however when filing a Idaho mechanics lien you must abide by all deadlines to ensure a proper mechanics lien. 

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