Mechanics liens

Idaho mechanics lien law and deadlines

In Idaho you record a claim of lien with the county recorder within 90 days after you finish your labor or last furnish materials, serve the owner a copy within 5 business days, and file suit to enforce it within 6 months.

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Idaho keeps its mechanics lien process short and tight. Under Idaho Code Title 45, Chapter 5, a contractor, sub, supplier, engineer, or surveyor who goes unpaid records a sworn claim of lien with the county recorder within 90 days after completing the labor or services or last furnishing materials. A copy has to reach the owner within 5 business days of filing. Then the clock that catches most people: the lien only binds the property for 6 months after filing unless a lawsuit to enforce it is started in that window.

Idaho mechanics lien deadlines at a glance (private projects)
StepDeadline or ruleStatute
Preliminary noticeNo general preliminary notice step in the lien chapter for private workIdaho Code 45-501 to 45-525
Record claim of lienWithin 90 days after completion of labor or services, or last furnishing of materialsIdaho Code 45-507
Serve copy on ownerNo later than 5 business days after filing, by personal service or certified mailIdaho Code 45-507
File suit to enforceWithin 6 months after the claim is filed (resets from a payment or credit extension endorsed on the record)Idaho Code 45-510
Residential disclosureGeneral contractor gives owner a disclosure before contracting on 1 to 4 unit residential work over $2,000Idaho Code 45-525
Public projectsNo lien. Payment bond of at least 85% of contract on contracts of $50,000 or moreIdaho Code 54-1926

Who has lien rights in Idaho

Section 45-501 gives a lien to anyone who performs labor on or furnishes materials for building, altering, or repairing a structure, and to anyone who grades, fills, levels, surfaces, or otherwise improves land. That covers the general contractor, every tier of sub, and material suppliers. Renting or leasing equipment, materials, or fixtures counts as furnishing material, so equipment rental houses are in.

Idaho is one of the states that names design professionals outright. Professional engineers and licensed surveyors working under contract can lien for designs, plans, plats, maps, surveys, cost estimates, and on-site observation or supervision. Architects are not named in the same list, so an architect should not assume the same footing without advice.

Preliminary notice in Idaho

Idaho's lien chapter does not set up a general preliminary notice or notice to owner that subs and suppliers must send at the start of a private job to keep their rights. Many subs still send a courtesy notice so the owner and lender know who is on the job, and the residential disclosure rules below change how much the homeowner already knows about you.

Filing the claim of lien

The claim goes to the county recorder for the county where the property, or part of it, sits. It must be verified under oath by the claimant, an agent, or an attorney, and it must state:

  • The amount demanded after all just credits and offsets.
  • The name of the owner or reputed owner, if known.
  • The name of the person who employed you or to whom you furnished materials.
  • A description of the property good enough to identify it.
  • For residential work covered by section 45-525, proof that the required disclosure was given and acknowledged.

Within 5 business days after filing, a true copy must be delivered to the owner or reputed owner, either personally by someone authorized to serve process or by certified mail to the last known address. A deed of trust trustee is not treated as the owner for this purpose. In a court fight over a lien filed under this section, the prevailing party can recover reasonable attorney fees and costs, which cuts both ways if your number is inflated.

Enforcement: the 6 month window

Section 45-510 says a lien does not bind the property for more than 6 months after the claim is filed unless proceedings to enforce it start in a proper court within that time. If the owner makes a payment on account or you extend credit, the 6 months can run from the payment date or the end of the credit period, but only if the payment or credit and its expiration date are endorsed on the lien record. A handshake extension does nothing. Calendar the 6 month date the day you record, and check the current text on the Idaho Legislature site before you rely on it, since statutes get amended.

Residential work: the 45-525 disclosure

On contracts over $2,000 for residential property with 1 to 4 units, including new homes sold to a purchaser, the general contractor must give the homeowner a written disclosure before entering the contract and keep a signed acknowledgment of receipt. The disclosure covers the owner's right to require lien waivers from subs at the owner's expense, proof of liability and workers' compensation coverage, the option of extended title insurance, and the right to require a surety bond. Later, within a reasonable time before final payment or closing, the GC must also give a signed list of subs, suppliers, and rental providers on direct contract who furnished more than $500. A failed disclosure is treated as a deceptive practice under the Idaho consumer protection act, and since the claim of lien itself must show proof of the disclosure, a GC that skipped it has a real problem when filing.

Lien waivers in Idaho

The lien sections reviewed for this page do not prescribe a statutory waiver form, so the wording usually comes from the contract, the title company, or the lender. That puts the burden on you to read every waiver. Use a conditional lien waiver with each pay application and save the unconditional lien waiver for money that has actually cleared.

Public projects use payment bonds

You cannot lien public property. Idaho's public works bond law requires contractors on contracts of $50,000 or more for public buildings or works to furnish a performance bond and a payment bond, each at least 85 percent of the contract amount. A claimant with no direct contract with the prime but a direct contract with a sub must give the prime written notice by registered or certified mail within 90 days of its last labor or materials. Suit on the bond is due within 1 year. See the Idaho prevailing wage page and the Idaho prompt payment rules for the rest of the public job picture, and the Idaho contractor registration guide for licensing.

The 90 day and 6 month dates are easy to miss when billing runs on spreadsheets. Smart Business Automator tracks last-furnished dates, waivers, and open balances by job inside construction accounts receivable automation, so the lien calendar is built from the same data as your invoices.

Frequently asked questions

How long do I have to file a mechanics lien in Idaho?

Idaho Code 45-507 requires the claim of lien to be filed with the county recorder within 90 days after you complete your labor or services or last furnish materials.

Does Idaho require a preliminary notice?

The lien chapter does not require a general preliminary notice for private work. On residential jobs over $2,000, the general contractor has its own disclosure duty under section 45-525. On public bond claims, lower-tier claimants must give the prime notice within 90 days of last furnishing.

How long does an Idaho mechanics lien last?

Six months after the claim is filed, unless a lawsuit to enforce it starts within that time. A payment or credit extension can restart the period only if it is endorsed on the lien record.

Can engineers and surveyors file a lien in Idaho?

Yes. Section 45-501 names professional engineers and licensed surveyors under contract, covering design, surveying, cost estimating, and on-site observation work.

Can I file a lien on a public project in Idaho?

No. Public work is covered by the payment bond required under Idaho Code 54-1926 on contracts of $50,000 or more. Claims go against the bond, with suit due within 1 year.

Sources

  1. Idaho Code 45-501, right to lien (FindLaw statute text, current as of January 2024)
  2. Idaho Code 45-507, claim of lien (FindLaw statute text, current as of January 2024)
  3. Idaho Code 45-510, duration of lien (FindLaw statute text, current as of January 2024)
  4. Idaho Code 45-525, residential disclosures (FindLaw statute text, current as of January 2024)
  5. Idaho Code 54-1926, public works bonds (FindLaw statute text, current as of January 2024)
  6. Idaho Code 54-1927, payment bond claims (FindLaw statute text, current as of January 2024)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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