Idaho Preliminary Notice Guide and FAQs

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Idaho Preliminary Notice FAQs

Does Idaho Have Preliminary Notices?

Idaho Preliminary Notice Rules


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  • Public Jobs
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Preliminary notice not required in WV
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.


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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.


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No Notice Required

No Preliminary Notice is required in Idaho.


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DAYS
No Notice Required

No Preliminary Notice is required in Idaho.

Preliminary notice not required in WV
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.


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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.


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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.


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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.

Preliminary Notice Frequently Asked Questions

While Idaho 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.

Prelim FAQs on Private Projects

Do I Need to Send a Idaho Preliminary Notice?

No. Idaho does not require any notice to be given prior to the filing of a mechanics lien. 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 $2000. Further, any party may choose to send a Notice of Intent to Lien in an attempt to get paid.

What if I Send the Idaho Preliminary Notice Late?

Preliminary notices are not required in Idaho, so it is impossible to send an untimely preliminary notice .

How Should the Idaho Preliminary Notice be Sent?

Preliminary notices are not required in Idaho, but if a party chooses to send any pre-lien notice, it may be sent however that party chooses.

Do I Have to Send the Idaho Preliminary Notice to Someone Other than the Owner?

Preliminary notice is not required. A copy of the lien documents themselves must be sent only to the owner, or reputed owner.

Is the Idaho Preliminary Notice Requirement met when sent or delivered?

No preliminary notice is required. The Claim of Lien is considered delivered when personally served, or when sent by certified mail, return receipt requested.

Prelim FAQs on Public Projects

Do I Need to Send a Idaho Preliminary Notice?

No. Idaho does not require any preliminary notice to be given to preserve the right to make a bond claim on a public project.

When do I Need to Send a Idaho Preliminary Notice?

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What if I Send the Idaho Preliminary Notice Late?

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How Should the Idaho Preliminary Notice be Sent?

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To Whom Must the Idaho Preliminary Notice be Given?

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Idaho Preliminary Notice Form Template

While not specifically required to the extent that notices may be required in other states, there still best practices to ensure that an Idaho preliminary notice is effective, and accomplishes the task for which it is being sent. This doesn’t mean that the form has to look at a certain way, but it does mean that the document should contain certain information. The forms provided here for free by Levelset are specifically designed to provide helpful information and promote visibility throughout the project to get you paid. You can download them for free, or use our system to send or request them easily.

Idaho Residential Disclosure Notice Form - free from

Idaho Residential Disclosure Notice Form

On residential projects for more than $2000, those who contract with the homeowner must provide a Residential Disclosure Notice at the time of contracting. This...

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