Idaho Mechanic Lien Filing Deadlines

Claim of Mechanic Lien — 90-Day Filing Deadline (§45-507)

Under Idaho law, all claimants — including general contractors, subcontractors, and material suppliers — must record a Claim of Mechanic Lien within 90 days after the substantial completion of labor or services or the furnishing of materials. This single deadline applies uniformly to all claimant types, simplifying compliance compared to states with tiered deadlines. Idaho Statute §45-507, as revised effective July 1, 2002.

The 90-day period is measured from the date of 'substantial completion' of the claimant's labor or services, or the last date materials were furnished to the project. Determining the exact date of substantial completion can be complex and fact-specific. Claimants should consult with legal counsel to determine the appropriate triggering date for their specific situation.

Certified Mail Notice to Owner Within 24 Hours of Recording (§45-507)

In addition to recording the Claim of Mechanic Lien, the claimant must give notice to the property owner by certified mail within 24 hours of recording the mechanic lien. This post-recording notification requirement is mandatory for all claimant types and is a unique feature of Idaho mechanic lien law.

The certified mail notice should include a copy of the recorded Claim of Mechanic Lien or information sufficient to inform the property owner of the mechanic lien filing. Claimants should prepare the notice in advance and have it ready to send immediately upon confirmation that the mechanic lien has been recorded.

Eligible Claimants for Idaho Mechanic's Lien (§45-501)

Idaho provides mechanic lien rights to a range of claimants who furnish labor, services, or materials for the improvement of real property. The following parties are eligible under Idaho Statutes §45-501:

• General Contractors who contract directly with the property owner for construction, alteration, or repair of any building, structure, or improvement
• Subcontractors who furnish labor or materials under agreement with the general contractor or another subcontractor
• Material Suppliers (Materialmen) who furnish materials that are used in the construction or improvement of real property
• Laborers who perform work on the construction or improvement project
• Professionals who furnish services related to the improvement, including architects, engineers, and surveyors

Retainage Limits on Idaho Private Works

On private construction projects in Idaho, retainage cannot exceed 5% of the contract amount. This statutory limit protects subcontractors and suppliers from excessive withholding by general contractors and project owners.

Final release of retainage may be conditioned upon delivery of mechanic lien waivers from all potential claimants. This means the project owner or general contractor may require mechanic lien waivers from subcontractors and suppliers before releasing the retainage balance. Claimants should be aware of this requirement and plan their mechanic lien waiver strategy accordingly.

Contents of the Idaho Claim of Mechanic Lien (§45-507)

The Claim of Mechanic Lien must be recorded in the county recorder's office of the county where the property is located. The claim must include: a description of the property subject to the mechanic lien, the name of the property owner (or reputed owner), the name and address of the claimant, a description of the labor or services performed or materials furnished, the total amount of the claim, and the dates of first and last furnishing of labor or materials.

The Claim of Mechanic Lien must be verified (sworn to) by the claimant or the claimant's authorized agent. An unverified or defective mechanic lien may be challenged by the property owner and could result in the loss of mechanic lien rights.