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Idaho Mechanics Lien

Record an Idaho mechanics lien to secure payment. Learn the 90-day recording deadline, the 5-day service step, and the six-month enforcement window.

Introduction

An Idaho mechanics lien is a legal claim recorded against real property by a contractor, subcontractor, or material supplier who improved the property and was not paid. Once recorded, the lien attaches to the property, clouds the title, and can be enforced by a court-ordered foreclosure sale to collect the debt. That security is what gives the lien its leverage, and Idaho grants the right to it in Title 45, Chapter 5 of the Idaho Code. The lien only works if you perfect it. Idaho requires no preliminary notice, but you must record a verified claim of lien with the county recorder within 90 days after completing the labor or furnishing materials, then serve a copy on the owner within five business days. You must then file suit to foreclose within six months after recording, or the lien no longer binds the property. DocDraft prepares an Idaho claim of lien and its notices from your project details, and attorney review is available before you record.

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Key Things to Know

  1. 1

    An Idaho mechanics lien secures payment against the improved property. Under Idaho Code Title 45, Chapter 5, any person who performed labor upon or furnished materials for the construction, and was not paid, can claim one, including contractors, subcontractors, laborers, and material suppliers.

  2. 2

    Idaho requires no preliminary notice to preserve lien rights. Instead, Idaho Code 45-507(5) imposes a post-filing step: a true and correct copy of the recorded claim of lien must be served on the owner, by personal service or certified mail, within five business days of filing.

  3. 3

    The recording deadline is 90 days after the work ends. Idaho Code 45-507(2) requires the verified claim of lien to be filed with the county recorder where the property sits within 90 days after completion of the labor or services, or furnishing of materials.

  4. 4

    You must foreclose within six months of filing. Idaho Code 45-510 provides that no lien binds the property for longer than six months after the claim is filed unless an action to enforce it is commenced in a proper court within that time.

  5. 5

    Idaho reads the lien statute strictly. Missing the 90-day recording window, the five-business-day service step, or the six-month deadline to foreclose can void the lien, though a separate contract claim against the party who hired you may remain.

  6. 6

    No statutory fill-in form is prescribed. Idaho Code 45-507(3) requires the claim of lien to state the amount demanded after credits, the owner if known, the person who employed the claimant, and a description of the property, verified by the claimant's oath.

  7. 7

    Residential jobs add a disclosure. Under Idaho Code 45-525, a contractor entering a contract over $2,000 with a homeowner must give a written disclosure statement, and a residential claim of lien must include proof that the disclosure was provided under Idaho Code 45-507(3).

Key decisions before you file

Before you file a Mechanics Lien in Idaho, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.

Open the Mechanics Lien guide

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CLAIM OF LIEN (IDAHO MECHANICS AND MATERIALMEN LIEN)

Recorded under Idaho Code Title 45, Chapter 5, with the county recorder of the county where the property is located. The undersigned claimant records this verified Claim of Lien against the real property described below to secure payment for labor performed or materials furnished to improve that property.

State of Idaho County of [COUNTY]

  1. CLAIMANT Name: [CLAIMANT NAME] Role: [CONTRACTOR / SUBCONTRACTOR / LABORER / MATERIAL SUPPLIER] Address: [CLAIMANT ADDRESS]

  2. AMOUNT OF THE CLAIM The amount demanded by the claimant, after deducting all just credits and offsets, is: $[AMOUNT].

  3. OWNER OR REPUTED OWNER Name of the owner, if known: [OWNER NAME] Address: [OWNER ADDRESS]

  4. PERSON WHO EMPLOYED THE CLAIMANT Name of the person by whom the claimant was employed, or to whom the claimant furnished the labor or materials: [PERSON OR COMPANY THAT ORDERED THE WORK].

  5. LABOR OR MATERIALS FURNISHED General description of the labor performed or materials furnished: [DESCRIPTION]. Date labor or services were completed, or materials last furnished: [COMPLETION / LAST FURNISHING DATE].

  6. PROPERTY Street address: [PROPERTY ADDRESS]. Description of the property to be charged with the lien, sufficient for identification: [LEGAL DESCRIPTION].

  7. RESIDENTIAL DISCLOSURE (if applicable) For an owner-occupied residential contract subject to Idaho Code 45-525, proof that the required written disclosure statement was provided and acknowledgment of receipt is attached.

  8. VERIFICATION I, the claimant or the claimant's authorized agent, being first duly sworn, state on oath that I have read the foregoing Claim of Lien and that the facts stated in it are true to the best of my knowledge and belief.

Signature of claimant or authorized agent: [SIGNATURE] Printed name and title: [NAME AND TITLE] Date: [DATE]

[NOTARY / OATH AS REQUIRED FOR A VERIFIED CLAIM]

SERVICE ON OWNER A true and correct copy of this recorded Claim of Lien was served on the owner by personal service or certified mail on: [DATE], no later than five business days after filing, as required by Idaho Code 45-507(5).

Note: This Idaho claim of lien follows Idaho Code Title 45, Chapter 5, including the verified contents required by section 45-507. Confirm the current statutory requirements and deadlines, or have this reviewed by an attorney, before recording.

Idaho Requirements for Mechanics Lien

Idaho Filing Deadline and Office

File the Idaho mechanics lien in the correct office, a county recorder or court as Idaho requires, within the state's deadline after you last furnish labor or materials. Idaho applies the deadline strictly, so filing late or in the wrong office can void the lien.

Frequently Asked Questions

An Idaho mechanics lien is a claim that a contractor, subcontractor, laborer, or supplier records against property they improved but were not paid for. Governed by Title 45, Chapter 5 of the Idaho Code, it attaches to the real estate, clouds the title, and can be foreclosed through a court-ordered sale to satisfy the unpaid amount.

Anyone who performed labor upon, or furnished materials for, the construction or improvement of the property and was not paid can record a lien. That includes general contractors, subcontractors, laborers, material suppliers, and certain professionals. Idaho does not condition the lien on a preliminary notice, so no advance notice to the owner is needed to preserve the right.

You must file a verified claim of lien with the county recorder within 90 days after you complete the labor or services or furnish the materials, under Idaho Code 45-507(2). The claim is recorded in the county where the property is located, and the same 90-day deadline applies to general contractors and subcontractors alike.

Idaho does not require a preliminary notice before recording. It does require a step afterward: under Idaho Code 45-507(5), you must serve a true and correct copy of the recorded claim of lien on the owner, by personal delivery or certified mail, no later than five business days after you file it.

You must start a foreclosure action within six months after you record the claim of lien, under Idaho Code 45-510. If no suit is commenced in that window, the lien no longer binds the property. The six months can be extended if a payment on account is made or credit is extended with a stated expiration date.

Missing the 90-day recording deadline, the five-day service requirement, or the six-month deadline to foreclose generally means the lien fails, because Idaho applies these rules strictly. You may still sue the party who hired you for breach of contract to recover the debt, but you lose the security the lien gave you against the property.

Yes. Under Idaho Code 45-525, a contractor on an owner-occupied residential contract over $2,000 must give the homeowner a written disclosure statement covering lien waivers, insurance, and similar protections. A residential claim of lien must include proof that this disclosure was provided, and failing to disclose is a deceptive act under the Idaho Consumer Protection Act.

When the debt is paid, the claimant should record a release or satisfaction of the lien to clear the title. A lien also lapses if no foreclosure action is filed within six months of recording. An owner who believes a lien is invalid can challenge it in court, and Idaho allows a lien to be released by posting a surety bond.