Mechanics Lien Filing Package — Idaho

Mechanics Lien Filing Package (IDAHO)

Quick-Reference Summary

Part A — Pre-Lien Notice / Residential Disclosure

A.1 — Idaho Code § 45-525 Disclosure (GC, residential >$2,000)

RESIDENTIAL CONSTRUCTION DISCLOSURE STATEMENT
Pursuant to Idaho Code § 45-525

To: [HOMEOWNER / PURCHASER NAME]
Address: [______________________________________]
Project Address: [______________________________________]
Date: [__/__/____]

The undersigned general contractor provides the following disclosures as required by Idaho Code § 45-525 before entering a qualifying contract exceeding two thousand dollars ($2,000) for construction, alteration, or repair of residential real property or purchase and sale of newly constructed residential property. The statutory emergency-repair exception and one-to-four-unit definition must be checked.

1. Your Rights and Options as Homeowner / Purchaser.

• At your reasonable expense, require the general contractor to obtain lien waivers from subcontractors providing services or materials to the general contractor.
• Receive proof that the general contractor has general liability insurance, including completed operations, and worker's compensation insurance for employees as required by Idaho law.
• Consider purchasing an extended policy of title insurance covering certain unfiled or unrecorded liens.
• At your expense, require a surety bond in an amount up to the value of the construction project.

2. Directly contracted Subcontractor / Materialman / Rental Equipment Provider List (> $500). The general contractor must sign and supply the names, addresses, and telephone numbers of qualifying direct providers within a reasonable time before closing or final payment, as applicable, under § 45-525(3). Attach an updated signed list if this table is completed before those details are known.

3. Acknowledgment of Receipt.

I, [HOMEOWNER NAME], acknowledge receipt of this disclosure statement on [__/__/____].

Homeowner Signature: __________________________________
General Contractor Signature: __________________________________
GC license / registration #: [____________]

A.2 — Voluntary Preliminary Notice (Subcontractors / Suppliers)

VOLUNTARY PRELIMINARY NOTICE
(Use this optional project notice separately from any required § 45-525 residential disclosure.)

To: [OWNER NAME] and [GENERAL CONTRACTOR NAME]
Address: [______________________________________]
Date: [__/__/____]

YOU ARE HEREBY NOTIFIED that the undersigned is providing labor, services, materials, or equipment for the improvement of the real property described below.

In the event of nonpayment, the undersigned reserves all rights under Idaho Code §§ 45-501 et seq., including the right to file a Claim of Lien with the county recorder.

Signature: __________________________________
Print Name: [______________________________________]
Title: [______________________________________]

Part B — Claim of Lien

CLAIM OF LIEN
Pursuant to Idaho Code § 45-507

STATE OF IDAHO )
) ss.
COUNTY OF [_____________] )

[CLAIMANT NAME], being first duly sworn upon oath, deposes and states:

1. Demand After Credits and Offsets. Claimant's demand, after deducting all just credits and offsets, is $[__________].

2. Owner / Reputed Owner. The name of the owner, or reputed owner, of the property is:

Name: [______________________________________]
Address: [______________________________________]

3. Hiring Party. The name of the person by whom claimant was employed or to whom claimant furnished labor, services, or materials:

Name: [______________________________________]
Address: [______________________________________]

4. Description of Property. The property to be charged with this lien is located in [_____________] County, Idaho, and is described as follows (description sufficient for identification per § 45-507(3)(d)):

Legal description:
[____________________________________________________________]
[____________________________________________________________]

Common address: [______________________________________]

5. Description of Labor, Services, or Materials Furnished.

[____________________________________________________________]
[____________________________________________________________]

Date claimant first furnished: [__/__/____]
Date claimant completed labor or services, or furnishing of materials: [__/__/____]

6. § 45-525 Disclosure Acknowledgment (if applicable).

☐ Project subject to § 45-525 — proof of disclosure and homeowner or purchaser acknowledgment of receipt is included with this lien claim.
☐ Not applicable (project not subject to § 45-525).

7. Verification (Idaho Code § 45-507(4)).

I, the undersigned claimant (or claimant's agent or attorney), having read the foregoing Claim of Lien and knowing the contents thereof, do solemnly swear that I believe the same to be just.

Signature: __________________________________
Print Name: [______________________________________]
Title: [______________________________________]
Date: [__/__/____]

Subscribed and sworn to before me this [__] day of [__________], 20[__], by [______________________________________].

__________________________________
Notary Public — State of Idaho
Residing at: [______________________]
My commission expires: [__/__/____]

Recording Instructions

Part C — Notice of Filing Lien Claim to Owner

[CLAIMANT LETTERHEAD]

Date: [__/__/____]

SERVICE PURSUANT TO IDAHO CODE § 45-507(5)

☐ By personal service by [officer authorized to serve process]
☐ By certified mail to last known address — Tracking #: [____________]

To: [OWNER / REPUTED OWNER NAME]
Address: [______________________________________]

Re: Notice of Filing of Claim of Lien
Property: [______________________________________]
County: [_____________] County, Idaho
Filing Date: [__/__/____]
Instrument No.: [______________]

Dear [Mr./Ms./Owner]:

In accordance with Idaho Code § 45-507(5), enclosed please find a true and correct copy of the Claim of Lien recorded against the above-described real property in the office of the County Recorder of [_____________] County, Idaho.

Under Idaho Code § 45-510(1), a lien generally lasts six (6) months after filing unless enforcement proceedings begin within that period. The statute also addresses a payment or credit extension endorsed on the lien record.

To avoid foreclosure proceedings, please remit the full amount due, or contact the undersigned to discuss resolution, by [__/__/____].

Sincerely,

__________________________________
[CLAIMANT REPRESENTATIVE NAME]
[Title]
[Phone] | [Email]

Enclosure: True and correct copy of recorded Claim of Lien

Certificate of Service

I certify that on [__/__/____], the foregoing Notice and a true and correct copy of the recorded Claim of Lien were served on [OWNER NAME] by:

☐ Personal service by [______________________]
☐ Certified mail, return receipt requested, to: [______________________]

Signature: __________________________________

Part D — Suit to Foreclose Mechanics' Lien

IN THE DISTRICT COURT OF THE [_____________] JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [_____________]

Case No.: CV[__]-[__]-[______]

COMPLAINT FOR FORECLOSURE OF MECHANICS' LIEN

COMES NOW Plaintiff [CLAIMANT NAME], by and through undersigned counsel, and alleges:

JURISDICTION AND VENUE

1. This is an action to foreclose a mechanics' lien recorded under Idaho Code §§ 45-501 et seq. against real property located in [_____________] County, Idaho.

2. Venue is proper under Idaho Code § 5-401 because the subject property is situated in this county.

PARTIES

3. Plaintiff is [a/an _______________] doing business at [______________________________________].

4. Defendant [OWNER NAME] is the record owner of the subject property.

5. Defendant [GENERAL CONTRACTOR NAME] is the general contractor and is joined because [state this party's interest or role in the requested relief].

6. Defendant [LENDER] holds a recorded deed of trust / mortgage and is joined because [state the priority or other relief sought against this party].

FACTUAL ALLEGATIONS

7. On or about [__/__/____], Plaintiff agreed with [HIRING PARTY] to furnish [labor / services / materials] for improvements to the real property described below.

8. Property:
   Legal description: [__________________________________________________]
   Common address: [______________________________________]

9. Plaintiff first furnished labor/services/materials on [__/__/____] and completed its labor or services, or furnishing of materials, on [__/__/____].

10. The agreed price (or reasonable value) of Plaintiff's labor, services, and/or materials is $[__________]. After all just credits and offsets, the unpaid balance is $[__________].

11. On [__/__/____], within 90 days after completion of labor or services, or furnishing of materials, as required by Idaho Code § 45-507(2), Plaintiff filed a verified Claim of Lien with the County Recorder of [_____________] County, Idaho, as Instrument No. [______________].

12. On [__/__/____], within 5 business days of filing as required by Idaho Code § 45-507(5), Plaintiff served a true and correct copy of the Claim of Lien on the owner.

13. This action is commenced within the period applicable under Idaho Code § 45-510(1) [within 6 months of filing / within 6 months after an endorsed payment or credit expiration]; the relevant filing, payment, or credit dates are [______________].

CLAIM FOR RELIEF — FORECLOSURE OF MECHANICS' LIEN

14. Plaintiff incorporates the foregoing.

15. Plaintiff has substantially complied with all statutory prerequisites and is entitled to a decree foreclosing its mechanics' lien.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays:

A. For judgment establishing the validity, amount ($[__________]), and priority of Plaintiff's mechanics' lien;
B. For a decree of foreclosure ordering sale of the subject property to satisfy the lien;
C. For an award of filing and recording costs and reasonable attorney fees under Idaho Code § 45-513;
D. For interest, if available and proven; and
E. For such other relief as the Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

__________________________________
[ATTORNEY NAME], ISB No. [______]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff

Part E — Pre-Filing Checklist

Lien rights and licensing

☐ Claimant within § 45-501 (labor, services, materials, equipment, design professional).
☐ Claimant registered with Idaho Contractors Board if required (§ 54-5208).
☐ Property and project are eligible for this real-property lien; for covered public works contracts, check the payment bond under § 54-1926(2).

Residential disclosure (if applicable)

☐ § 45-525 disclosure delivered to homeowner or purchaser before entering a covered contract over $2,000; one-to-four-unit coverage and emergency exception checked.
☐ Acknowledgment of receipt signed and retained.
☐ Subcontractor list (>$500) provided as required.

Claim of lien

☐ Drafted with required content under § 45-507(3): demand after credits/offsets, owner/reputed owner name, hiring party, property description sufficient for identification.
☐ VERIFIED by oath under § 45-507(4) (affiant believes claim to be just) — sworn before notary; acknowledgment alone insufficient.
☐ Filing deadline calculated: 90 days after completion of claimant's labor or services, or furnishing of materials (§ 45-507(2)); verify the actual completion date.
☐ Filed with county recorder in county where property is located.
☐ Recording fee paid.

Mandatory post-filing service (§ 45-507(5))

☐ True and correct copy served on owner/reputed owner WITHIN 5 BUSINESS DAYS after filing.
☐ Service by personal service OR certified mail to last known address.
☐ Proof of service retained.

Foreclosure

☐ Foreclosure deadline calendared under § 45-510(1), including any payment or credit extension endorsed on the lien record.
☐ Complaint filed in district court of county where property is located.
☐ Parties with interests affected by the requested decree identified and joined as appropriate.
☐ Counsel has checked whether a notice of pending action should be recorded.

Sources and References

• Idaho Code § 45-501 et seq. (Liens of Mechanics and Materialmen): https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH5/
• Idaho Code § 45-507 (Claim of lien): https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH5/SECT45-507/
• Idaho Code § 45-510 (Duration of lien — 6 months): https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH5/SECT45-510/
• Idaho Code § 45-525 (Residential disclosure): https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH5/SECT45-525/
• Idaho Contractors Board (registration): https://dopl.idaho.gov/icb/
• Idaho Code § 45-506 (Priority): https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH5/SECT45-506/
• Idaho Code § 45-513 (Fees and costs): https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH5/SECT45-513/
• Idaho Code § 54-5208 (Contractor registration and lien rights): https://legislature.idaho.gov/statutesrules/idstat/Title54/T54CH52/SECT54-5208/