Mechanic's Lien Deadlines & Notice Requirements in Idaho
At a glance
| Governing law | Idaho Code Title 45, Chapter 5 governs liens of mechanics and materialmen; §§ 45-501, 45-507, 45-510 and 45-525 address entitlement, recording, duration and residential disclosures. Section 54-5208 of the Contractor Registration Act separately restricts an unregistered contractor’s lien rights. Section 45-518 permits release of a recorded lien by a surety bond under §§ 45-519–45-524. |
|---|---|
| Who can claim a lien | Section 45-501 covers people performing construction labor or furnishing materials and professional engineers or licensed surveyors under contract; it deems listed project participants the owner’s agents for the chapter. Section 45-504 separately covers owner-requested lot improvements. Under § 54-5208, a contractor required to register but unregistered conclusively waives lien rights. Its exception protects listed registered subcontractors or independent contractors, employees, and material suppliers only if they lacked actual knowledge of the registration defect or reasonably believed the contractor was registered. |
| Preliminary notice | Chapter 5 prescribes no general notice to the owner before work as a condition of lien filing. A general contractor must give the § 45-525 disclosure before entering a covered residential contract over $2,000; the owner-service requirement after recording is separate (§ 45-507(5)). |
| Deadline to file the lien | Record the claim with the county recorder within 90 days after completion of the claimant’s labor or services or furnishing of materials (§ 45-507(1)-(2)). The claim must include the statutory information and, for covered residential work, proof of the § 45-525 disclosure and acknowledgment (§ 45-507(3)(e)). |
| Notice of completion effect | Section 45-507(2) measures 90 days from completing labor or services or furnishing materials. Chapter 5 provides no owner-recorded notice of completion that shortens this period. |
| Serving the lien on the owner | Serve a true and correct copy of the recorded claim on the owner or reputed owner within 5 business days after filing, either by personal delivery through an officer authorized to serve process or by certified mail to the last known address (§ 45-507(5)). A deed-of-trust trustee is not an owner for this chapter (§ 45-507(6)). |
| Deadline to sue to foreclose | A lien binds the property for no longer than 6 months after filing unless proceedings to enforce it begin in proper court within that time (§ 45-510(1)). A payment on account or credit extension with its expiration date, endorsed on the lien record as specified there, instead gives 6 months after the payment date or the credit-extension expiration. A lien judgment ceases 10 years after finality. |
| Homestead/residential extras | Before a covered contract over $2,000 for residential real property of one to four units, the general contractor gives the § 45-525(2) rights disclosure and obtains an acknowledgment of receipt. Section 45-525(3) requires a signed list of directly hired subcontractors, materialmen and rental-equipment providers whose work or materials exceed $500 before closing or final payment. Failure to disclose is a deceptive practice under subsection (4); § 45-507(3)(e) requires proof of disclosure and acknowledgment in the lien claim. Subsection (6) excludes specified homeowner-initiated emergency and utility repairs. |
Requirements one by one
Governing law
Idaho Code Title 45, Chapter 5 governs these liens. Section 45-518 permits release of a recorded lien by posting a surety bond under §§ 45-519–45-524. The Contractor Registration Act adds a lien-rights restriction for a contractor required to register but unregistered (§ 54-5208).
Who can claim
Section 45-501 covers construction labor and materials, land improvements, and professional engineers or licensed surveyors under contract. It treats listed project participants as the owner’s agents for the chapter. Section 45-504 covers owner-requested lot improvements. Section 54-5208 deems an unregistered contractor to have waived lien rights unless exempt from registration. Its protection for registered subcontractors or independent contractors, employees, and material suppliers depends on lack of actual knowledge of the registration defect or a reasonable belief in registration.
Preliminary notice
Chapter 5 sets no general prework notice condition for lien filing. A general contractor must give the § 45-525 rights disclosure before a covered residential contract over $2,000. The later duty to serve a recorded claim on the owner is separate (§ 45-507(5)).
Deadline to file the lien
Record the claim with the county recorder within 90 days after completion of labor or services or furnishing of materials (§ 45-507(1)-(2)). For work covered by § 45-525, the claim must include proof of disclosure and acknowledgment of receipt (§ 45-507(3)(e)).
Notice of completion effect
Section 45-507(2) uses the claimant’s completion or furnishing date. Chapter 5 provides no owner-recorded notice of completion that shortens the 90-day window.
Serving the lien on the owner
Within 5 business days after filing, serve a true and correct claim copy on the owner or reputed owner. Section 45-507(5) allows personal delivery through an officer authorized to serve process or certified mail to the last known address. A deed-of-trust trustee does not count as the owner (§ 45-507(6)).
Deadline to sue to foreclose
The lien stops binding the property 6 months after filing unless enforcement proceedings begin in proper court within that time (§ 45-510(1)). A payment on account or credit extension, with its expiration date, endorsed on the lien record as the section specifies instead sets 6 months after payment or expiration. A final lien judgment lasts 10 years from finality.
Homestead/residential extras
For a contract over $2,000 on residential property of one to four units, § 45-525(2) requires a general contractor to give the listed homeowner-rights disclosure before contracting and obtain an acknowledgment. Subsection (3) requires a signed list of directly hired subcontractors, materialmen and rental-equipment providers with more than $500 of covered work or materials before closing or final payment. A failure to disclose is a deceptive practice (§ 45-525(4)); the claim needs proof of the disclosure and acknowledgment (§ 45-507(3)(e)). Subsection (6) excludes specified homeowner-initiated emergency and utility repairs.
What trips people up
The residential disclosures and recorded-lien owner service have different timing. Contractor registration can affect the contractor’s own lien, while § 54-5208 protects specified other participants only under its knowledge condition. A recorded payment or credit extension can change the six-month enforcement date (§ 45-510(1)).
Common questions
Must I send a general preliminary notice? Chapter 5 sets no such condition; § 45-525 imposes distinct residential disclosures on a general contractor.
When must I serve the owner? Within 5 business days after recording the claim (§ 45-507(5)).
When must I sue? Within 6 months after filing unless § 45-510(1)’s recorded payment or extension changes the period.
Statutes and sources
- Idaho Code § 45-501 — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-501/ (accessed 2026-10-06)
- Idaho Code § 45-504 — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-504/ (accessed 2026-10-06)
- Idaho Code § 54-5208 — https://legislature.idaho.gov/statutesrules/idstat/title54/t54ch52/sect54-5208/ (accessed 2026-10-06)
- Idaho Code § 45-510 — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-510/ (accessed 2026-10-06)
- Idaho Code § 45-507(1)-(2) — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-507/ (accessed 2026-10-06)
- Idaho Code § 45-507(3)(e) — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-507/ (accessed 2026-10-06)
- Idaho Code § 45-507(5)-(6) — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-507/ (accessed 2026-10-06)
- Idaho Code § 45-525(2) — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-525/ (accessed 2026-10-06)
- Idaho Code § 45-525(3)(a) — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-525/ (accessed 2026-10-06)
- Idaho Code § 45-525(3)(a), (i)-(ii) — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-525/ (accessed 2026-10-06)
- Idaho Code § 45-525(4) — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-525/ (accessed 2026-10-06)
- Idaho Code § 45-525(5)(b) — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-525/ (accessed 2026-10-06)
- Idaho Code § 45-525(6) — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-525/ (accessed 2026-10-06)
- Idaho Code § 45-507 — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-507/ (accessed 2026-10-06)
- Idaho Code § 45-525 — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-525/ (accessed 2026-10-06)
- Idaho Code § 45-518 — https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/sect45-518/ (accessed 2026-10-06)
Source links
Every statute quoted above, linked, with the date we checked it.
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