Mechanics Lien Claim - Idaho

CLAIM OF LIEN

State of Idaho

County of [________________________________]

IMPORTANT FILING NOTICE

This Claim of Lien must be filed for record with the County Recorder in the county where the property (or some part thereof) is situated. Under Idaho Code § 45-507, the claim must be filed within 90 days after the completion of the labor or services, or furnishing of materials. A true and correct copy must be served on the owner or reputed owner.

I. CLAIMANT INFORMATION

Full Legal Name of Claimant: [________________________________]

Claimant Entity Type:

☐ Individual / Sole Proprietor
☐ Corporation
☐ Limited Liability Company (LLC)
☐ Partnership
☐ Joint Venture
☐ Other: [________________________________]

Claimant Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: ID ZIP: [____]

Claimant Phone: [________________________________]

Claimant Email: [________________________________]

Idaho Public Works Contractor License No. (if applicable): [________________________________]

Idaho Contractor Registration No. (if applicable): [________________________________]

Claimant's Role in the Project:

☐ General Contractor (direct contract with Owner)
☐ Subcontractor
☐ Sub-subcontractor
☐ Material Supplier
☐ Equipment Supplier / Lessor
☐ Laborer
☐ Architect / Engineer / Surveyor
☐ Professional Land Surveyor
☐ Other: [________________________________]

II. PROPERTY OWNER INFORMATION

Full Legal Name of Property Owner (or Reputed Owner): [________________________________]

Owner Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

Owner Phone (if known): [________________________________]

Owner Email (if known): [________________________________]

III. HIRING PARTY INFORMATION

(Complete if the Claimant's contract is not directly with the Property Owner)

Name of Person/Entity Who Hired Claimant: [________________________________]

Relationship to Owner:

☐ General Contractor
☐ Subcontractor
☐ Agent of Owner
☐ Other: [________________________________]

Hiring Party Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

IV. GENERAL CONTRACTOR INFORMATION

(If Claimant is not the General Contractor)

General Contractor Name: [________________________________]

General Contractor Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

General Contractor License/Registration No.: [________________________________]

V. PROPERTY DESCRIPTION

Property Street Address:

[________________________________]
[________________________________]
City: [________________________________], Idaho [____]

County: [________________________________], Idaho

Legal Description of Property:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Attach Exhibit A for full legal description if additional space is needed)

☐ Exhibit A — Legal Description is attached hereto and incorporated by reference.

Tax Parcel / Assessor's Number: [________________________________]

VI. CLAIM OF LIEN

A. Statement of Claim

Pursuant to Idaho Code § 45-501 et seq., the undersigned Claimant hereby claims a lien upon the above-described real property and upon the improvements thereon, for labor, services, materials, and/or equipment furnished for the construction, alteration, or repair of improvements on said property.

B. Nature of Work Performed / Materials Furnished

Type of Improvement:

☐ New Construction (building, structure, or improvement)
☐ Alteration / Renovation
☐ Repair
☐ Mining Operations / Mining Improvements
☐ Other: [________________________________]

General Description of Labor, Services, or Materials Furnished:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. Contract Information

Type of Contract:

☐ Written Contract
☐ Oral Contract
☐ Implied Contract
☐ Purchase Order(s)

Original Contract Price: $[________________________________]

Approved Change Orders: $[________________________________]

Total Adjusted Contract Price: $[________________________________]

VII. DATES OF WORK / FURNISHING

Date Claimant First Furnished Labor, Services, or Materials: [__/__/____]

Date Claimant Last Furnished Labor, Services, or Materials (Completion Date): [__/__/____]

VIII. AMOUNT OF LIEN CLAIMED

Total Contract Amount (including change orders): $[________________________________]

Total Payments Received to Date: $[________________________________]

Credits and Offsets Applied: $[________________________________]

Retainage Withheld: $[________________________________]

TOTAL AMOUNT OF LIEN CLAIMED (after deducting all just credits and offsets): $[________________________________]

Under Idaho Code § 45-507, the claim must state the demand claimed, after deducting all just credits and offsets.

IX. PRE-LIEN NOTICE COMPLIANCE

A. Preliminary Notice — Residential Projects (Idaho Code § 45-521)

For residential construction projects (owner-occupied dwellings of four or fewer units), a preliminary notice with disclosure is required.

☐ This is a residential project — Preliminary Notice with disclosure was provided to the Owner

• Date Provided: [__/__/____]
• Owner's signed acknowledgment of receipt obtained: ☐ Yes ☐ No

☐ This is a residential project — Preliminary Notice was NOT provided (Consult attorney — this may affect lien rights)

☐ This is NOT a residential project (commercial, industrial, public works, etc.)

B. Notice to Owner by Subcontractor / Supplier

☐ Claimant is in direct contract with the Owner — no additional notice required
☐ Claimant provided notice to Owner of work being performed / materials being furnished

X. FILING DEADLINE COMPLIANCE

Under Idaho Code § 45-507, the Claim of Lien must be filed within 90 days after the completion of the labor or services, or furnishing of materials.

Date of Last Furnishing: [__/__/____]

90-Day Filing Deadline: [__/__/____]

Date of This Filing: [__/__/____]

☐ Claimant confirms this Claim of Lien is being filed within the 90-day statutory deadline.

XI. VERIFICATION

Claimant's Oath

I, [________________________________], being first duly sworn upon oath, depose and state:

I am the Claimant named above (or the [________________________________] of the Claimant entity). I have read the foregoing Claim of Lien and know the contents thereof. I believe the same to be just and the amount claimed, $[________________________________], to be justly due after deducting all just credits and offsets, as required by Idaho Code § 45-507.

Under Idaho Code § 45-507, the claim must be verified by the oath of the claimant, the claimant's agent, or the claimant's attorney, to the effect that the affiant believes the same to be just.

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

XII. NOTARY ACKNOWLEDGMENT

State of Idaho
County of [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public in and for said State, personally appeared [________________________________], known or identified to me to be the person whose name is subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she executed the same.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

Residing at: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

XIII. CERTIFICATE OF SERVICE ON OWNER

Under Idaho Code § 45-507, a true and correct copy of this Claim of Lien must be served on the owner or reputed owner of the property.

Method of Service:

☐ Personal delivery by an officer authorized by law to serve process, on [__/__/____]
☐ Certified mail, sent on [__/__/____]

• Sent to address: [________________________________]
  ☐ Other method authorized by law: [________________________________]

Person Who Effected Service: [________________________________]

XIV. ENFORCEMENT DEADLINES

CRITICAL: Under Idaho Code § 45-510, this lien shall cease to exist at the expiration of SIX (6) MONTHS after the Claim of Lien has been filed, unless an action to enforce the lien is commenced in the proper court within that time, or unless a credit is given and stated in the claim, in which case the lien ceases at the expiration of six months after the expiration of the credit.

XV. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien

Upon full payment of the amount claimed, together with any accrued interest, costs, and attorney's fees, Claimant shall execute and record a Release of Lien with the County Recorder where this Claim of Lien was filed.

B. Bond to Discharge Lien (Idaho Code § 45-525)

The owner or any interested party may petition the court to release this lien by posting a surety bond in an amount equal to one and one-half (1.5) times the amount of the lien claimed (or such other amount as the court may order). The bond must be issued by a surety company authorized to transact business in Idaho.

C. Partial Release

If partial payment is received, Claimant may record a Partial Release of Lien reducing the amount claimed.

XVI. PRIORITY OF LIEN

Under Idaho Code § 45-506, the lien relates back to the date of commencement of the work of improvement. The lien has priority over any lien, mortgage, or other encumbrance that attached to the land after the commencement of the work of improvement.

XVII. ADDITIONAL NOTICES AND DISCLOSURES

1. Residential Disclosure Requirement: For owner-occupied residential properties (four or fewer units), Idaho Code § 45-521 requires that a preliminary notice with specific statutory disclosures be provided to the owner before lien rights may be claimed. Failure to provide this notice may invalidate the lien.
2. Owner's Rights: The property owner has the right to contest this lien by petitioning the court for release or by posting a bond.
3. Penalties for False Lien: Any person who files a fraudulent lien claim may be liable for costs, damages, and reasonable attorney's fees under Idaho Code § 45-513.
4. Licensed Contractors: If the claimant is required to be licensed under Idaho law, failure to hold a valid license at the time work was performed may affect lien rights.

FILING INSTRUCTIONS

1. Complete all sections of this Claim of Lien form
2. Have the Claimant sign under oath before a Notary Public
3. File (record) the original with the County Recorder in the county where the property is located
4. Serve a true and correct copy on the Owner or reputed Owner by personal delivery (through an officer authorized to serve process) or by certified mail
5. Retain copies for your records
6. Calendar the 6-month enforcement deadline from the date of filing
7. Consult with an attorney regarding enforcement well in advance of the deadline

SOURCES AND REFERENCES

• Idaho Code Title 45, Chapter 5 — Liens of Mechanics and Materialmen (§§ 45-501 through 45-525)
• Idaho Code § 45-501 — Liens of Mechanics and Materialmen
• Idaho Code § 45-506 — Priority of Liens
• Idaho Code § 45-507 — Claim of Lien (required contents and filing deadline)
• Idaho Code § 45-510 — Duration of Lien (6-month enforcement deadline)
• Idaho Code § 45-513 — Enforcement of Lien; Penalties
• Idaho Code § 45-521 — Preliminary Notice on Residential Projects
• Idaho Code § 45-525 — Bond to Discharge Lien
• Idaho Legislature: https://legislature.idaho.gov/statutesrules/idstat/title45/t45ch5/