I am a residential painting contractor in Idaho. I understand there is no prelim requirement for me as a sub contractor on residential remodel projects, though the GC is required to submit one to the homeowner himself. If the GC failed to provide his required notice, do I lose my lien rights as a sub? And if not, are there any requirements for me to proceed on my own without the GC?
You are correct that Idaho does not have a preliminary lien requirement for subcontractors but there is also no preliminary lien requirement for GC's. §45-525 (3) (a) of the Idaho Code does require the GC to provide the homeowner with the names and contact info for all subcontractors who performed work greater than $500 in value. The list must be provided prior to final payment by the homeowner. The law also authorizes the subcontractors to inform the homeowner of any amounts due them. However, failure to provide the list to the homeowner does NOT affect your right to file a lien. You simply have to follow the requirements set forth in §45-507 of the Idaho Code. Here is link to the website where you can read and download the code sections. https://legislature.idaho.gov/statutesrules/idstat/