« State-specific resources Idaho

Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Idaho

ID 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 codeIdaho Code §§ 45-501 et seq.
Prelien required for private / commercial projectsNo, but may be beneficial
Prelien required for public projectsNo
ID statutory reliefFull price
Lien milestone eventLast furnishing / last invoice
Lien enforcement deadline120 to 180 days
Waivable lien rightsNo specific statutes
Supplier to supplier rightsLikely no
Prelien document name(s)
Prelien minimum information
Prelien minimum notifications
Prelien recording requirementNo
Prelien notarizedNo

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 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.

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.

Other important construction links in Idaho

Check out this ‘X’ list for Idaho created by Prelien Pro!

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