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"Idaho" Posts

How to file a Payment Bond Claim for Public Projects in Idaho

Property owned by State, Counties, or Cities is considered public projects, and will therefore require a Bond Claim instead of a Lien Claim.
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Idaho Construction Bond Claims

If you are a Subcontractor or Supplier who needs to file a Payment Bond Claim in Idaho there are a few unique steps which you need to take.  On public projects you must deliver the Bond Claim Notice to the General Contractor by certified mail with a return receipt requested.
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How to file a Construction Lien in Idaho

In Idaho, if you are a general contractor, subcontractor (first and second tier), or material supplier (first and second tier) who is furnishing construction services for private projects, you need to obtain the following information about the construction project in order to file a construction lien:
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Idaho Construction Lien Law: Idaho Mechanics Lien Notice

In Idaho, if you are a contractor, subcontractor (first and second tier), and material supplier (first and second tier) who is furnishing construction services for private project, you are not required to provide any Preliminary Notice, Notice of Right to Claim Lien, or Notice of Intent to Lien.  Such a notice can be sent as a courtesy; however, it is not required.
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Idaho Construction Lien Law

In the recent decision of Parkwest Homes, LLC v. Barnson the Idaho Supreme Court reaffirmed the long standing doctrine in Idaho Mechanics Lien Law that liens are lost to lenders and other interest holders when they are not named as defendants in the lawsuit before the lien foreclosure deadline expires.
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Idaho Lien Law: Listing Defendants in Lien Foreclosure Lawsuits

Recently, in the case of Parkwest Homes, LLC vs. Barnson, 294 Pacific 3d 1125 (Idaho 2012), the Idaho Supreme Court reaffirmed the long standing position that a valid lien timely filed may still be lost as to certain parties, if, when the lawsuit foreclosing the lien is filed, the owner, lenders, other lien claimants, and any person with a claim to title is not included as a defendant in the lawsuit.
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Idaho Construction Payment Bond Law & Deadlines

In Idaho, first and second tier subcontractors are entitled to make payment bond claims on public projects.  Idaho does not have any requirement for a preliminary notice or other notice to owner at the start of the job to the owner or the general contractor, but it is wise to send such a notice if you are not working for the general contractor.  However, Idaho restricts payment bond rights to only first and second tier subcontractors. 
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