Frequently Asked Questions - Idaho Mechanics Lien
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What is an Idaho mechanics' lien claim?
In Idaho, liens filed on private property or on funds relating to a public project are known as Mechanic's Liens. When an Idaho mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. If a public owner fails to require a payment bond on a given project, then a lien on funds can be made by way of a Demand for Payment. The Demand for Payment requires the public entity to pay the claimant from public funds if the amount due is properly established by the claimant.
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Who can file an Idaho mechanics' lien Claim?
Contractors, as well as subcontractors, design professionals, sub-subcontractors and material suppliers can file an Idaho mechanics lien. Suppliers to suppliers cannot file Idaho construction lien claims.
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Are pre-lien notices for an Idaho mechanics' lien Claim required?
While prelien notices are not required to assert an Idaho mechanics and materialmans lien, it is highly recommended that preliens be provided to the owner. In the case of a Notice of Furnishing of Labor and Materials (NOF), this should be provided at the beginning of the project. When the NOF is sent, the owner is put on express notice that you are providing work and delivering materials to improve its building. A Notice of Intent is important because it gives the opportunity to resolve a lien claim before it is filed. Notices of Intent should be filed when a balance is due, and when you are preparing to file a lien, giving the owner a chance to resolve the issue.
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When should an Idaho mechanics' lien Claim be filed?
The filing of an Idaho construction lien must be completed within ninety days after the completion of the labor or services or furnishing of materials, or the cessation of the labor, services or furnishing of materials for any cause.
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How much does it cost to file an Idaho mechanics' lien Claim?
LienItNow.com prepares, files and serves Idaho mechanics' liens (which includes a written notice of intent to claim a lien, if necessary, as well as a verified statement of lien) for a fee of $290.00. Idaho pre-lien notices are not included in the $290.00 price, but can be filed for a fee of $50.00.
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Do I need a written contract to file an Idaho Mechanics Lien Claim?
No. In Idaho, oral contracts are sufficient if you have sufficient documentation to show the existence of an agreement or that you performed the work for which you are filing a construction lien.
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How does filing an Idaho mechanics' lien Claim help me get my money?
On a private project, the Idaho construction lien places an encumbrance on the property that makes it difficult to resell or re-finance the property without first removing the mechanics lien.
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What is an Idaho Stop Notice and why should it be filed
LienItNow.com prepares and serves Idaho Stop Notices for a fee of $125.00. A Stop Notice is a notification that has the ability to enhance the effectiveness of a mechanic's lien. A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project. Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim. The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid.
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What is an Idaho Amendment to a mechanics' lien Claim?
LienItNow.com prepares, files and serves Idaho Amendments to mechanics' lien Claims for a fee of $250.00. Amendments to a mechanics' lien claim are often needed when something about the claim changes. Common changes to a lien claim are increases or reductions in the amount due to the lienor, or a change to the last date of work.
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When should an Idaho Discharge of mechanics' lien claim be filed?
LienItNow.com prepares, files and serves Idaho Discharges of mechanics' lien Claims for a fee of $85.00. Once the lienor has been paid the amount contained in its lien claim, or has come to an agreement that requires the lien claim to be removed from the property records, a Discharge of mechanics' lien Claim should be filed.
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How much does it cost to file an Idaho Extension of a mechanics' lien Claim?
LienItNow.com prepares, files and serves extensions of mechanics' lien Claims for a fee of $85.00. All lien claims expire after a certain period of time, and filing an extension of the mechanics' lien claim prolongs the expiration date. Idaho law, however, does not permit an extension of mechanics' lien claims.
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Can I file a Bond Claim on an Idaho Project?
LienItNow.com prepares, files and serves Idaho Bond Claims for a fee of $275.00. Bond claims can only be filed on a project where the owner, contractor or subcontractor has obtained a payment bond to ensure that every contractor receives payment for the work performed on the Project. The payment bonds issued by sureties for construction projects have specific timing requirements, but most require claimants to submit claims against the bond within sixty to ninety days from the claimants' last date of work. Bond claims are as or more effective than a lien claim because the payment bond acts as a guarantee that payment will be made for work properly completed.
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Do I need to file a Pre-Notice to make a claim against an Idaho payment bond?
LienItNow.com prepares, files and serves Idaho Pre-Notices for bond claims for a fee of $50.00. Depending on the terms of the payment bond, pre-notices may or may not be required. LienItNow.com recommends that, prior to or immediately after starting work or delivering materials to a project, subcontractors and suppliers, file a pre-notice that it is a potential beneficiary of the construction project's bond.
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