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, as a condition to entering into a contract exceeding two thousand dollars ($2,000) for the construction, alteration, or repair of residential real property.

1. Your Rights as Homeowner / Purchaser. You have the right, at your reasonable expense, to:

☐ Require the general contractor to obtain lien waivers from any subcontractors providing services or materials to the general contractor.
☐ Receive proof that the general contractor maintains general liability insurance, including completed operations, and worker's compensation insurance as required by Idaho law.
☐ Purchase an extended policy of title insurance covering certain unfiled or unrecorded liens.
☐ Require, at your expense, a surety bond in an amount up to the value of the construction project.

2. Subcontractor / Materialman / Equipment Provider List (> $500).

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
(Idaho does not require this notice; provided as best practice)

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 of substantial completion of claimant's work: [__/__/____]

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

☐ Project subject to § 45-525 — proof of disclosure and homeowner acknowledgment of receipt is attached / on file.
☐ 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, this lien is effective for six (6) months after the date of filing unless court proceedings are commenced within that period to enforce the lien.

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 as a necessary party.

6. Defendant [LENDER] holds a recorded deed of trust / mortgage and is joined as a necessary 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 substantially completed its work 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 of substantial completion 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 6 months of the filing of the Claim of Lien as required by Idaho Code § 45-510.

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 reasonable attorney fees and costs under Idaho Code § 45-507(7);
D. For pre- and post-judgment interest at the statutory rate; 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).
☐ Project is private (mechanics liens not available on public works — bond claim applies).

Residential disclosure (if applicable)

☐ § 45-525 disclosure delivered to homeowner before entering contract (GC, residential >$2,000).
☐ 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 SUBSTANTIAL completion of claimant's work (trivial post-completion work does NOT extend deadline).
☐ 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: 6 months from filing (§ 45-510) — court proceedings must be commenced within this period.
☐ Complaint filed in district court of county where property is located.
☐ Owner, GC, lender, and other interest-holders joined.
☐ Lis pendens 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://codes.findlaw.com/id/title-45-liens-mortgages-and-pledges/id-st-sect-45-507/
• 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/
• Hap Taylor & Sons, Inc. v. Summerwind Partners, LLC, 157 Idaho 600, 338 P.3d 1204 (2014)
• First Fed. Sav. Bank of Twin Falls v. Riedesel Eng'g, Inc., 154 Idaho 626, 301 P.3d 632 (2012)
• ParkWest Homes, LLC v. Barnson, 154 Idaho 678, 302 P.3d 18 (2013)
• ALFA International — Idaho Construction Lien Summary: https://www.alfainternational.com/compendium/construction/idaho/
• ISB Advocate — Mechanics' Liens and the Priority Dilemma (Jameson): https://isb.idaho.gov/blog/mechanics-liens-and-the-priority-dilemma-by-john-r-jameson/