Difference between revisions of "Construction Liens in Idaho"
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==Authorized Claimants== | ==Authorized Claimants== | ||
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| + | 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: | ||
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| + | * 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. | ||
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| + | [https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH5/SECT45-501/ Id. Stat. 45-501] | ||
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==Lien Priority== | ==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) | 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) | ||
Revision as of 09:52, 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
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)
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))
