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Why are you posting false information regarding preliminary notice in idaho

IdahoMechanics Lien

Idaho does require preliminary noice signed before contract. I know because Opposing cancel had my lien dismissed because of the misleading information I read.

1 reply

Dec 12, 2020

Idaho does not have a preliminary lien requirement but §45-525 (2) of the Idaho Code does require the GC to provide a General Contractor Disclosure prior to entering into any contract in an amount exceeding $2,000 with a homeowner. The statute defines a "General Contractor" as anyone who contracts directly with the homeowner. If the homeowner is acting as the general contractor and is contracting directly with a number of specialty contractors to perform the work, every one of those specialty contractors is considered a "General Contractor" under the statute regardless of whether or not that specialty contractor is employing subcontractors. The General Contractor Disclosure must be signed and dated by the homeowner and the General Contractor needs to retain a copy.

In addition the General Contractor Disclosure form which must be signed by the homeowner, §45-525 (3) (a) of the Idaho Code requires the General Contractor to provide the homeowner with the names and contact info for all subcontractors, material suppliers, and rental equipment providers who performed work or provided material or rental equipment 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.

Failure to provide the homeowner with the General Contractor Disclosure could be cited as the grounds for dismissing a lien.

However, failure of the General Contractor to provide the list to the homeowner does NOT affect the subcontractors, material suppliers, or rental equipment providers right to file a lien. They simply have to follow the requirements set forth in §45-507 of the Idaho Code. Here is a link to the website where you can read and download the code sections.Idaho Statutes 

You can download copies of the required disclosures for free on my website

https://chuckmillerconsulting.com/free-downloads/

 

 

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