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What are the rules regarding prelim lien notices in Idahi

IdahoLien DeadlinesMechanics LienRight to Lien

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?

2 replies

Aug 27, 2020
The only instance where preliminary notice is required to be provided in Idaho is when a general contractor is performing work on a residential project with a contract in excess of $2,000. Subcontractors, suppliers, and other parties are specifically exempt from this notice requirement, and are not required to provide any notice prior to filing a lien for nonpayment, and further, the subs' or suppliers' rights are not limited by the GC's failure to provide the notice. There are, however, specific rules and requirements that must be met in order to claim a lien in Idaho.  In order to be valid and enforceable, an Idaho mechanics lien must be filed within 90 days after last furnishing of labor or materials. And, specific information must be included on the lien claim (which also must meet form requirements to be recorded with the county in which the work was performed). A claimant Idaho must include the following on the lien claim, and must verify by oath that the information claimed is believed to be correct and just: (a) A statement of his demand, after deducting all just credits and offsets; (b) The name of the owner, or reputed owner, if known; (c) The name of the person by whom he was employed or to whom he furnished the materials; and (d) A description of the property to be charged with the lien, sufficient for identification. There are also service requirements that must be met. You can complete and record a lien template manually, hire an attorney to help, or complete the process online.
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Aug 28, 2020

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/ 

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