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.
“Levelset takes something that is pretty complex and makes it easy.”
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.
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:
can I file a lien
You should consider preparing a letter to mail by certified mail, return receipt requested, to the contractor to set out the facts and to demand the relief that you want. Attach your invoice for what you are owed. Make sure that your letter is professional and business like as it may be evidence later. You should provide the owner and contractor with a certified mail notice of non-payment with a request that the owner trap funds, and with a request that the owner withhold retainage from the contractor. Retain a construction attorney to determine whether or not you have mechanic's lien rights. Good luck.
How many NTO's do I have to send? Does first furnishing account for work done before setting foot on the jobsite?
If in Florida, you'll want to send one for each property because each owner needs to know you are working on their property if you ever want to lien. If the product is considered a custom made good then arguably the 45 days begins to run with the pre-work.
Some professional services may give rise to a construction lien, but furniture leasing and house staging are not within that statutorily defined group. If you have not yet recovered your furniture you should see a lawyer about that process right away. Besides recovering the furnishings it seems that your remedy would seem to be a lawsuit for breach of contract damages (nonpayment for services). To give yourself financial protection in any contract always include a clause that says: "The prevailing party in the enforcement of this agreement may recover its attorney's fees, including legal services to determine the amount of fees to be awarded."
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.
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.