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Disclosure required

IdahoRight to Lien

We placed a lien on a property we worked on recently due to lack of payment. The customer has now served us, claiming we may be violating Idaho code 45-525. If this is required, we may just be doing that as I never completed this form. We did file a notice of lien.

10 replies

Sep 21, 2021
Were you a subcontractor on the project or did you contract directly with the home owner? If you contracted directly with the home owner, you are considered a "general contractor" under 45-525 (5) Definitions. For purposes of this section: (a) "General contractor" means a person who enters into an agreement in excess of two thousand dollars ($2,000) with: (i) A homeowner or prospective residential real property purchaser for the construction, alteration or repair of residential real property; I would be happy to discuss this with you and provide you with a copy of the statute and the disclosure forms, Feel free to email me or call me at 208-571-0755/
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Sep 29, 2021

The Idaho Supreme Court has not resolved this issue. Nonetheless, failure to provide the contractor disclosures should not invalidate your lien. The statute provides a specific remedy (i.e., the failure to provide the notices may constitute a breach of the Consumer Protection Act). It does not state or imply that a contractor will lose their lien rights if they fail to comply. Moving forward you should definitely start providing the disclosures for every residential project.  

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Nov 17, 2022

According to the law in Massachusetts, when a mechanic's lien must be filed depends on whether you have directly contracted with the owner of the paper io property

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Jun 28, 2023

 Idaho Code 45-525 relates to the heardle release of a lien upon payment, and it states that once the lien claimant receives payment, they must release the lien within a specific timeframe.

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