Idaho Preliminary Notice Rules
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Preliminary Notices Are Not Required
Idaho does not require preliminary notice to be provided in order to retain the right to file a valid and enforceable mechanics lien. However, it can be best practice to provide a preliminary notice anyway, in order to provide visibility throughout the project and provide channels for communication.
GCs Must Provide Notice for Residential Projects Larger than $2k
On residential projects, a direct contractor must give Residential Disclosure Statement prior to entering into a contract for more than $2000.
No Notice Required
No Preliminary Notice is required in Idaho.
No Notice Required
No Preliminary Notice is required in Idaho.
Preliminary Notices are Not Required
Idaho does not require preliminary notice to be provided by any party in order to retain the right to make a claim against a public project's payment bond. However, it can be best practice to provide a preliminary notice anyway, in order to provide visibility throughout the project and provide channels for communication.
N/A
On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.
No Notice Required from Subs
Idaho does not require preliminary notices be sent to preserve the right to make a claim against a payment bond on a public project.
No Notice Required from Suppliers
Idaho does not require preliminary notices be sent to preserve the right to make a claim against a payment bond on a public project.
Idaho is one of the few states without a general preliminary notice requirement. In fact, the only instance in Idaho where preliminary 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, there are many reasons that sending preliminary notice can beneficial to secure timely payment, even when state law does not specifically require preliminary notice to be sent. Visibility can be tough to gain on a construction project, and by raising a hand, and lproviding 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.
