• Idaho is a FULL PRICE lien state.
• Idaho law makes no distinction between prime contractors, subcontractors at any level, or suppliers of materials. All are treated the same for purposes of the mechanic's and materialmen's lien law. However, there is a statutory ranking of priorities from highest to lowest as follows:  laborers, materialmen, subcontractors, prime contractor, professional engineers and licensed surveyors.
• Last furnishing in Idaho is held to mean substantial completion.
• Subcontractors must be paid retainage within 30 days after completion of subcontract.
• Contractors must be registered and in compliance with the IDAHO CONTRACTOR REGISTRATION ACT or lien rights will be denied. 
  • 54-5208. Denial of lien rights. A contractor who is not registered as set forth in this chapter, unless otherwise exempt, shall be denied and shall be deemed to have conclusively waived any right to place a lien upon real property as provided for in chapter 5, title 45, Idaho Code. This section shall not operate as a denial of lien rights for any subcontractor or independent contractor who is duly registered in accordance with this chapter and who is performing services at the direction of another contractor, nor shall it operate as a denial of lien rights for any employee of any contractor who is not duly registered, or for any supplier of materials to such unregistered contractor, so long as such subcontractor, independent contractor, employee or supplier did not have actual knowledge that such contractor was not duly registered, or who reasonably believed that such contractor was duly registered.

Notice Speed Bumps

• The notice requirements required on a general contractor in favor of a homeowner or prospective purchaser of residential real property are intended to provide information to the homeowner or prospective purchaser to ensure that payment to the general contractor will ensure payment to subcontractors, materialmen, and rental equipment providers.  Therefore, notification is required when selling directly to the owner on residential projects.

Mechanic’s Lien Speed Bumps

• A copy of the lien must be delivered or mailed by certified mail to the owner or reputed owner within five business days following the filing of the lien.
• A lien against the lessor’s interest is not permitted if the work is ordered by a tenant or lessee of the property without the authorization of the lessor.

Foreclosure Lien Speed Bumps

• The statutory ranking of priorities from highest to lowest as follows:  laborers, materialmen, subcontractors, prime contractor, professional engineers and licensed surveyors.
• A successful lien claimant who prevails in a suit to foreclose a Claim of Lien is entitled to mandatory award of reasonable attorney fees and costs.

• ID Public bodies requiring a performance bond or payment bond in excess of fifty percent (50%) of the total contract amount shall not be authorized to withhold from the contractor or subcontractor any amount exceeding five percent (5%) of the total amount payable as retainage.
  
  
• The contracting body and the agent in charge of its office, is authorized and directed to furnish, to anyone making a request for a certified copy of the bond. Applicants shall pay for such certified copies such reasonable fees as the contracting body or the agent in charge of its office fixes to cover the actual cost of the preparation thereof.
  
  
• 54-1928. Liability of public body for failure to obtain payment bond. Any public body which fails or neglects to obtain the delivery of the payment bond as required by this act, shall, upon demand, itself promptly make payment to all persons who have supplied materials or performed labor in the prosecution of the work under the contract, and any such creditor shall have a direct right of action upon his account against such public body in any court having jurisdiction in any county in which the contract was to be performed and executed which action shall be commenced within one (1) year after the furnishing of materials or labor.