Idaho Claim Of Lien Form For Subcontractors

Category:

Liens - Construction - Mechanics

State:

Idaho

Control #:

ID-01-09

Format:

Instant download

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Description

The Idaho Claim of Lien Form for Subcontractors is a legal document used to secure payment for services or materials provided in connection with property improvements in Idaho. It must be filed within ninety days after the completion of the work and requires details such as the property description, the claimed amount, and the owner's information. This form is essential for subcontractors seeking to protect their financial interests, as it places a lien on the property in question. Completing the form accurately is critical; it requires not only personal knowledge of the facts but also notarization for validity. Additionally, the form must include a certificate of delivery to confirm that a copy has been sent to the property's owner. Legal professionals such as attorneys, paralegals, and assistants are particularly relevant audiences, as they facilitate the filing process and ensure compliance with Idaho laws. It's also useful for partners and associates in construction and contracting businesses, guiding them in safeguarding their rights when undertaking projects.

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FAQ

In Idaho, the claimant must file the lien within 90 days after providing the labor, supplies or materials. The lien must be enforced within 6 months of filing. The deadlines for mechanic liens cannot be extended and must be met to make the claim valid.

General and subcontractors on a construction project in Idaho are generally required to be licensed in order to claim a valid mechanics lien, subject to certain exceptions.

Prepare the Idaho mechanics lien form. It is important to make sure that your Idaho mechanics lien contains the information required by statute and conforms with the formal requirements regarding signature. ... File the lien with the county recorder's office. ... Deliver your lien to the property owner.

(1) Any person claiming a lien pursuant to the provisions of this chapter must file a claim for record with the county recorder for the county in which such property or some part thereof is situated.

It is filed in the county court where the property is located. The lawsuit documents must be served on all of the defendants involved. Defendants are allowed enough time to respond to the complaint. In Idaho, the claimant must file the lien within 90 days after providing the labor, supplies or materials.

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Claim of Lien by Individual

Note: This summary is not intended to be an all inclusive discussion of Idaho's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can file a lien in this State?

Idaho law permits "Every person, ..., performing labor upon, or furnishing materials to be used in the construction, alteration or repair of any mining claim, building, wharf, bridge, ditch, dike, flume, tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic power, or any other structure, or who grades, fills in, levels, surfaces or otherwise improves any land, or who performs labor in any mine or mining claim, and every professional engineer or licensed surveyor under contract who prepares or furnishes designs, plans, plats, maps, specifications, drawings, surveys, estimates of cost, on-site observation or supervision, or who renders any other professional service whatsoever for which he is legally authorized to perform in connection with any land or building development or improvement, or to establish boundaries, to have a lien upon the same for the work or labor done or professional services or materials furnished, whether done or furnished at the instance of the owner of the building or other improvement or his agent; and every contractor, subcontractor, architect, builder or any person having charge of any mining claim, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent of the owner for the purpose of this chapter provided, and the lessee or lessees of any mining claim shall not be considered as the agent or agents of the owner..." Idaho Code Â§ 45-501.

How long does a party have to file a lien?

A party seeking to claim a lien must file a claim of lien within ninety (90) days after the completion of the labor or services or furnishing of materials. Idaho Code Â§ 45-507.

What kind of notice is required prior to filing a lien?

Idaho statutes do not require an additional filing or notice other than the lien claim itself.

By what method is a lien filed in this State?

A Claim of Lien must be filed containing a statement of the claimant's demand, the names of relevant parties, and a property description. It must be verified by the oath of the claimant and a copy must be served personally or by certified mail to the property owner. Idaho Code Â§ 45-507.

How long is a lien good for?

A party seeking to assert a lien must begin legal proceedings to enforce the lien within six (6) months after the claim of lien has been filed, or, if "a payment on account is made, or extension of credit given with expiration date thereof, and such payment or credit and expiration date is endorsed on the record of the lien, then six (6) months after the date of such payment or expiration of extension."

Are liens assignable?

Idaho statutes on construction liens do not specifically speak as to whether liens may be assigned to other parties.

Does this State require a notice prior to starting work, or after work has been completed?

No. Idaho statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. Idaho statutes do not have a provision which permits the denial of responsibility for improvements.

Is a notice attesting to the satisfaction of a lien provided for or required?

No. Idaho statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect.

Does this State permit the use of a bond to release a lien?

Yes. Idaho has several provisions for the release of a lien after the proper filing of a bond. However, the filing of a petition and a hearing before a judge in the appropriate court is required before obtaining an order releasing the lien.