An Idaho mechanic’s lien is used by a tradesperson or supplier (the “claimant”) to secure outstanding payments from a client. The form should be drafted if a homeowner or contractor has avoided or delayed payment for services rendered or supplies contributed to a construction project. Filing the lien will grant the claimant a security interest in the property in question, forcing the owner to pay the balance owing before they can sell the property or obtain financing against it. A lien will also allow the claimant to file a lawsuit if necessary, which is typically the last resort in the lien process.
In cases where multiple liens exist on a single property, the order of priority for payment is as follows:
- Laborers
- Materialmen (persons that supply equipment, materials, etc.)
- Subcontractors
- Prime contractors
- Professional engineers and surveyors
Laws & Requirements
- Laws: Title 45, Chapter 5
- Signing Requirements (§45-507(4)): Notary Public
- Time Limit for Recording Lien (§ 45-507(2)): Ninety (90) days after completion of labor or services.
- Deadline for Enforcing Lien (§ 45-510(1)): Six (6) Months