Difference between revisions of "Construction Liens in Idaho"
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* The name of the person by whom he/she was employed or to whom he/she furnished materials; and | * The name of the person by whom he/she was employed or to whom he/she furnished materials; and | ||
* A description of the property, sufficient for identification. | * A description of the property, sufficient for identification. | ||
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The claim must also include a verified oath by the claimant, or someone authorized to act on their behalf, to the truth and accuracy of the claim. | The claim must also include a verified oath by the claimant, or someone authorized to act on their behalf, to the truth and accuracy of the claim. | ||
Revision as of 13:42, 9 October 2018
Contents
Overview
Construction liens in Idaho are also referred to as "Mechanics'" and "Materialmen's" liens throughout the Idaho Statutes.
Sources
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.
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.
Notices and Registries
Perfecting a Lien
A construction lien shall be perfected not later than ninety (90) days after the completion of the labor or services, or furnishing of materials.
To perfect a construction lien, a claim must be filed with the recording officer of the county in which the real property is located.
The claim must contain:
- A statement of demand;
- The name of the owner, if known;
- The name of the person by whom he/she was employed or to whom he/she furnished materials; and
- A description of the property, sufficient for identification.
The claim must also include a verified oath by the claimant, or someone authorized to act on their behalf, to the truth and accuracy of the claim.
A copy of the claim shall be served on the owner no later than five (5) business days following the filing of the claim of lien.
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))
