Mechanics Lien Deadlines in Idaho
Idaho requires a mechanics lien claimant to record a verified claim with the county recorder within ninety days after completing the labor or furnishing the materials, and to commence enforcement within six months after the claim is filed.
Idaho's liens of mechanics and materialmen are governed by Title 45, Chapter 5 of the Idaho Code. The statutes grant a lien to those who perform labor or furnish materials for construction or improvement, set the time and manner for recording the claim of lien with the county recorder, require service of the claim on the owner, fix how long the lien lasts before an enforcement action must be commenced, and impose disclosure duties on general contractors working on residential real property.
Filing and enforcing a mechanics lien in Idaho
Every person performing labor upon or furnishing materials to be used in the construction, alteration, or repair of a building or other structure has a lien upon the same for the work or labor done or materials furnished. 1
A person claiming a lien must file a claim for record with the county recorder for the county in which the property or some part of it is situated. 2
The claim must be filed within ninety (90) days after the completion of the labor or services, or furnishing of materials. 3
A true and correct copy of the claim of lien must be served on the owner or reputed owner no later than five (5) business days following the filing of the claim of lien. 4
The claim must be verified by the oath of the claimant, his agent, or his attorney to the effect that the affiant believes the same to be just. 5
No lien binds any building, mining claim, improvement, or structure for a longer period than six (6) months after the claim has been filed, unless proceedings are commenced in a proper court within that time to enforce the lien. 6
Sources
Every person performing labor upon or furnishing materials to be used in the construction, alteration, or repair of a building or other structure has a lien upon the same for the work or labor done or materials furnished.
A person claiming a lien must file a claim for record with the county recorder for the county in which the property or some part of it is situated.
The claim of lien must be filed within ninety (90) days after the completion of the labor or services, or furnishing of materials.
A true and correct copy of the claim of lien must be served on the owner or reputed owner no later than five (5) business days following the filing of the claim of lien.
The claim must be verified by the oath of the claimant, his agent, or his attorney to the effect that the affiant believes the same to be just.
No lien binds any building, mining claim, improvement, or structure for a longer period than six (6) months after the claim has been filed, unless proceedings are commenced in a proper court within that time to enforce the lien.
Frequently asked questions
- How long do I have to record a mechanics lien in Idaho?
- The claim of lien must be filed with the county recorder within ninety (90) days after the completion of the labor or services, or furnishing of materials.
- Where is the mechanics lien claim recorded?
- The claim is filed for record with the county recorder for the county in which the property or some part of it is situated, and a copy must be served on the owner or reputed owner no later than five (5) business days after filing.
- How long do I have to enforce an Idaho mechanics lien?
- The lien does not bind the property for a longer period than six (6) months after the claim has been filed unless proceedings to enforce the lien are commenced in a proper court within that time.
- Are there special rules for residential property?
- Yes. Before entering into a contract exceeding two thousand dollars with a homeowner or residential real property purchaser, the general contractor must provide a disclosure statement with the information specified in Idaho Code section 45-525.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.