Difference between revisions of "Construction Liens in Idaho"

Revision as of 12:29, 9 October 2018

Overview

Construction liens in Idaho are also referred to as "Mechanics'" and "Materialmen's" liens throughout the Idaho Statutes.

Sources

Idaho Code §§ 45-501 et seq.

Authorized Claimants

For the purposes of construction of any improvement upon real property at the instance of the property owner or construction agent of the owner, the following people may file a construction lien:

Any person performing labor related to the construction;
Any person providing supplies or materials to be used in the construction;
Any person renting, leasing, or otherwise supplying of equipment for the construction; or
Any professional engineer or licensed surveyor who establishes or marks the boundaries of, prepares maps, plans, or specifications for, or inspects, tests, or otherwise performs any other architectural or engineering services for the improvement of real property.

Id. Stat. 45-501

Lien Priority

A perfected claim of lien shall be prior to any lien, mortgage, deed of trust, or other encumbrance which attached to the land after or was unrecorded at the time of commencement of labor, professional services or the furnishing of materials or equipment.

Id. Stat. 45-506

Notices and Registries

Filing Deadlines

The claim shall be filed within ninety (90) days after the completion of the labor or services, or furnishing of materials (Id. Stat. 45-507 (2))

Enforcement Deadlines

No lien provided for in this chapter binds any building, mining claim, improvement or structure for a longer period than six (6) months after the claim has been filed, unless proceedings be commenced in a proper court within that time to enforce such lien... (Id. Stat. 45-510 (1))

@@ Line 20: / Line 20: @@
 ==Lien Priority==
-The liens provided for in this chapter shall be on equal footing with those liens within the same class of liens, without reference to the date of the filing of the lien claim or claims and are preferred to any lien, mortgage or other encumbrance, which may have attached subsequent to the time when the building, improvement or structure was commenced, work done, equipment, materials or fixtures were rented or leased, or materials or professional services were commenced to be furnished; also to any lien, mortgage, or other encumbrance of which the lienholder had no notice... (Id. Stat. 45-506)
+A perfected claim of lien shall be prior to any lien, mortgage, deed of trust, or other encumbrance which attached to the land after or was unrecorded at the time of commencement of labor, professional services or the furnishing of materials or equipment.
+[https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH5/SECT45-506/ Id. Stat. 45-506]
 ==Notices and Registries==
 ==Filing Deadlines==