Construction Liens in Idaho

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Revision as of 10:33, 9 October 2018 by Melisathompson (talk | contribs) (Sources)

Overview

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

Sources

Title 45, Chapter 5 Liens of Mechanics and Materialmen §§ 45-501 et seq.

Authorized Claimants

Every person performing labor upon, or furnishing materials to be used in the construction, alteration or repair of any…(property)...has a lien upon the same for the work or labor done or professional services or materials furnished… (Id. Stat. 45-501)

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))

Other

Cross-References