Private projects
On residential projects of more than $2,000, the general contractor must provide the homeowner with a Residential Disclosure Statement.
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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Mechanics lien
Idaho preliminary notice requirements for:
Public projects
Not required
Private projects
Not required
Public projects
Not required
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.
https://www.levelset.com/preliminary-notice/idaho-preliminary-notice-faqs/#faq-item-who-needs-to-send-preliminary-notice-in-idaho
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.
https://www.levelset.com/preliminary-notice/idaho-preliminary-notice-faqs/#faq-item-how-should-notice-be-sent-in-idaho
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.
https://www.levelset.com/preliminary-notice/idaho-preliminary-notice-faqs/#faq-item-who-should-i-send-a-notice-to-on-an-idaho-construction-project
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:
https://www.levelset.com/payment-help/question/should-a-subcontractor-execute-a-final-wavier-release-of-lien-on-a-private-project-it-has-yet-to-furnish/
Should a subcontractor execute a final wavier & release of lien on a private project it has yet to furnish?
I would not advise my client to do so, no. How can you protect your lien if the owner does not file the new NOC?
Answered by Victor Garcia | Partner
https://www.levelset.com/payment-help/question/preliminary-notice-on-multi-home-residential-project-in-california/
Preliminary notice on multi-home residential project in California
You may want to contact a title company to make sure you are sending the notice to the owner(s) of the entire project, among others. If you aren't being given the info., demand it under Civil Code section 8170, which says: "(a) A written direct contract shall provide a space for the owner to enter the following information: (1) The owner’s name, address, and place of business, if any. (2) The name and address of the construction lender, if any. This paragraph does not apply to a home improvement contract or swimming pool contract subject to Article 10 (commencing with Section 7150) of Chapter 9 of Division 3 of the Business and Professions Code. (b) A written contract entered into between a direct contractor and subcontractor, or between subcontractors, shall provide a space for the name and address of the owner, direct contractor, and construction lender, if any."
Answered by Andrew Carlton | Attorney
https://www.levelset.com/payment-help/question/who-should-i-list-as-our-customer-for-preliminary-notice-purposes-and-who-does-the-notice-of-commencement/
Who should I list as our customer for preliminary notice purposes and who does the Notice of Commencement?
Ohio does not have any "preliminary notice" requirements for general contractors. As for the Notice of Commencement, either the owner or general contractor can prepare and record one. If you prepare one, you would need to identify the owner of the property being improved in the Notice of Commencement? If the Akron Pulic Schools owns the land, then it would be identified as the owner. If a private entity owns the land, then it would be identified.
Feel free to reach out directly to me with any questions.
Peter W. Hahn
Benesch, Friedlander, Coplan & Aronoff
(614) 223-9317
phahn@beneschlaw.com
Answered by Peter Hahn | Partner
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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)
1
Download a free notice form
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.
2
Complete the form
Be careful! Accuracy is important.
Fill out the form as completely and accurately.
3
Deliver the notice
Idaho doesn’t have any specific notice delivery requirements. You can deliver the notice however you see fit.
How to send a Preliminary Notice with Levelset
1
Select Preliminary Notice document.
2
Provide basic job information.
Levelset sends the document for you. Postage included!
Subcontractors and suppliers have protected over $1,000,000,000 from non-payments. It’s fast, easy, affordable, and done right!
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