Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Idaho
ID Idaho
Questions? Contact usThis 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.
- Prime/ Original / General Contractors (GCs): Private/Commercial: Idaho does not require prime contractors to serve a preliminary notice on private projects.
- Subcontractors/Trade Partners (Subs): Private/Commercial: Idaho does not require subcontractors to serve a preliminary notice on private projects.
- Second-tier Subcontractors: Private/Commercial: Idaho does not require lower-tier subcontractors to serve a preliminary notice on private projects.
- Lower-tier Subcontractors: Private/Commercial: Idaho does not require lower-tier subcontractors to serve a preliminary notice on private projects.
- Material Suppliers: Private/Commercial: Idaho does not require material suppliers to serve a preliminary notice on private projects.
- Equipment Lessors: Private/Commercial: Idaho does not require equipment lessors to serve a preliminary notice on private projects.
- Second-tier Material Suppliers: Private/Commercial: Idaho does not require second-tier material suppliers to serve a preliminary notice on private projects.
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 ยง 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
On public projects, mechanic's lien rights are typically replaced by bond claim rights. Bond claim notice and enforcement timelines can vary by project type and bond language, so coordinate with your construction attorney to confirm the correct deadline and required notice path.
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 online lien-related information for construction project parcels—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.
- Ada County
- *Adams County
- *Bannock County
- Bear Lake County
- *Benewah County
- Bingham County
- Blaine County
- *Boise County
- Bonner County
- *Bonneville County
- Boundary County
- *Butte County
- *Camas County
- Canyon County
- *Caribou County
- Cassia County
- *Clark County
- Clearwater County
- Custer County
- Elmore County
- *Franklin County
- Fremont County
- Gem County
- *Gooding County
- *Idaho County
- *Jefferson County
- *Jerome County
- Kootenai County
- Latah County
- Lemhi County
- *Lewis County
- *Lincoln County
- *Madison County
- Minidoka County
- Nez Perce County
- Oneida County
- *Owyhee County
- *Payette County
- *Power County
- *Shoshone County
- *Teton County
- Twin Falls County
- *Valley County
- Washington County
Other important construction links in Idaho
- Idaho Construction Lien Statutes
- Idaho Little Miller Act (Public Works Bond Claims)
- Idaho State Contractors Board
- Idaho Secretary of State - Business Entity Search
- Idaho Department of Labor - Wage and Labor Info
- Idaho AGC (Associated General Contractors)
- OSHA Region 10 - Boise Area Office
- Idaho Code Repository - Main Search
Check out this ‘X’ list for Idaho created by Prelien Pro!
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