Idaho Preliminary Notice FAQs

Last updated June 2, 2022

Sending an Idaho preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in Idaho.

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Idaho preliminary notice requirements for:

Prime contractors
Subcontractors & suppliers

Private projects

On residential projects of more than $2,000, the general contractor must provide the homeowner with a Residential Disclosure Statement.

Public projects

Not required

Private projects

Not required

Public projects

Not required

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FAQs about Preliminary Notices in Idaho

While Idaho's mechanics lien statute doesn't specifically require preliminary notices to be sent in most situations, there are still things to know. It's important to know what is required and what's not, and make sure the corner cases are understood in order to make sure you get the benefit of providing visibility when notices are not required, and that all rules and requirements are met in the event that a notice is required. These are some frequently asked questions about the notice process in Idaho, with answers by construction attorneys and payment experts.

Who needs to send preliminary notice in Idaho?

Idaho does not generally require any notice to be given prior to a mechanics lien or bond claim.

For residential projects, however, the general contractor must provide the homeowner or residential property purchaser with a written Residential Disclosure Statement prior to entering into a contract greater than $2,000.

Further, any party may choose to send a Notice of Intent to Lien in an attempt to get paid.

How should notice be sent in Idaho?

Because Idaho doesn’t have requirements, if a party chooses to send any pre-lien notice, it may be sent however that party chooses.

Who should I send a notice to on an Idaho construction project?

Idaho does not require a preliminary notice, so it can be sent to any party you choose. It’s generally best practice to send a notice to the property owner at the very least. Keep in mind that this document will help improve your ability to get paid on time, so it’s always a good idea to send the notice to anyone who needs to sign off on your payment.

People are asking Idaho construction attorneys:

Should we send a separate preliminary notice to each recipient even though they all share the same address?

Yes you should. Additionally you should look up the entity names on the California Secretary of State and CSLB website to confirm they truely all share the same address.

Answered by Peter Ryan | Partner

Preliminary notice or Notice of Intent first?

You need to file a Notice of Commencement of work, file your notice, and get it sent to homeowner.

Answered by Robert Gainer | Attorney

Notice of termination

Thank you for reaching out to our legal community. A lawyer in Louisiana has answered a similar question in the past: https://www.levelset.com/payment-help/question/i-missed-a-deadline-with-a-project-in-louisiana-as-a-sub-contractor/ . That answer may help you. If you still have questions after checking out that thread, feel free to reach out to that lawyer directly.

Answered by Julie Gelderblom |

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About preliminary notice in Idaho

Idaho is one of the few states without a general preliminary notice requirement. In fact, the only instance in Idaho where notice is specifically required to be sent prior to claiming a valid Idaho mechanics lien is when a general contractor is performing work on a residential project with a contract in excess of $2,000. For these projects, the general contractor must send a Residential Disclosure Statement.

However, a preliminary notice has many benefits beyond protecting mechanics lien rights. Visibility can be tough to gain on a construction project, and by raising a hand, and providing visibility of project participants to the owner or GC, it makes it much easier for the parties with the money to manage the payment chain throughout the project and make sure everybody is getting paid.

As a result, sending a notice when you start a project is a best practice whether or not a state requires it.

Send a preliminary notice in Idaho (DIY)

Download a free notice form

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This generic notice form can be used in Idaho, or any other state where notice is not required. It provides information about your company to the property owner, general contractor, and other parties in charge of payment on a construction project.

If you are a general contractor on a residential contract for more than $2,000, you must provide the homeowner with a Residential Disclosure Statement.