Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Idaho
Idaho
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Idaho Quick Overview
| Pursuant Code | Idaho Code §§ 45-501 et seq. | |
| Prelien Required for Private/Commercial Projects | No, but may be beneficial | |
| Prelien Required for Public Projects | No | |
| ID Statutory Relief | Full Price | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 120 to 180 days | |
| Waivable Lien Rights | No specific statutes | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | ||
| Prelien Minimum Information | ||
| Prelien Minimum Notifications | ||
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Idaho by Role
Idaho does not require a preliminary notice to secure mechanics lien rights on private construction projects. However, a lien claimant must timely file and serve the Claim of Lien after completing labor or furnishing materials.
Mechanic's Liens in Idaho
In Idaho, a mechanics lien must be recorded with the county recorder within 90 days of completion or cessation of work or delivery of materials. The lien must be verified and include the amount due (after credits), property description, and owner/employer name. For residential projects, a disclosure per Idaho Code § 45-525 must also be attached. A true copy of the lien must be served on the property owner within 5 business days of filing. A foreclosure action must be initiated within 6 months of filing the lien, along with a lis pendens. Prevailing parties may recover attorney fees.
Bond Claims in Idaho
Idaho's Little Miller Act governs public works bond claims under Idaho Code § 54-1904. Claimants not in direct privity with the public entity must serve written notice of claim within 90 days of last furnishing labor or material. A lawsuit must be initiated within one year from final completion or acceptance of the public work.
Construction Lien Waivers in Idaho
Required Format: Idaho does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Idaho does not require waivers to be notarized.
Idaho statutes do not provide specific forms or requirements for lien waivers. Waivers may be used contractually and are generally enforceable unless they conflict with public policy or statutory lien rights.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Idaho counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Idaho
Frequently Asked Questions (FAQs) on Idaho Lien Processes for Contractors
Do I have to send a preliminary notice to preserve my lien rights in Idaho?
No. Idaho does not require preliminary notice to preserve lien rights for most claimants, but timely filing and service of the lien is required.
When is the deadline to file a mechanics lien in Idaho?
The lien must be recorded within 90 days of the last date of labor or materials furnished or cessation of work on the project.
Do I have to serve the lien on the owner after recording it?
Yes. A true and correct copy of the lien must be served on the property owner within 5 business days of recording the lien.
How long do I have to enforce my lien in court?
A lawsuit to enforce a lien must be filed within 6 months of recording the lien, and a lis pendens should also be recorded.
What is required to make a claim on a public project in Idaho?
A claimant must serve notice of claim within 90 days after furnishing labor or materials and must file suit within one year after project completion.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
