Idaho Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Idaho liens are filed and enforced
A Idaho mechanics lien is filed with the County Recorder in the county where the project sits — 90 days from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Idaho claimants lose rights far more often by missing the second one than the first.
Idaho deadlines by claimant role
For general contractors: Record the lien — 90 days from last furnishing (Idaho Code § 45-507). For subcontractors and suppliers: Record the lien — 90 days from last furnishing (Idaho Code § 45-507); file suit — 6 months from lien recorded (Idaho Code § 45-510); bond notice — 90 days from last furnishing (Idaho Code § 54-1926); file suit — 1 years from last furnishing (Idaho Code § 54-1926); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)); file suit miller act — 1 years from last furnishing (40 U.S.C. § 3133(b)(1)). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Idaho
File claim of lien within 90 days of last furnishing of labor or materials. No preliminary notice required. File claim of lien within 90 days. Serve copy on owner within 5 business days of recording. File suit to enforce lien within 6 months of recording. Lien expires after 6 months without enforcement. Written notice within 90 days of last furnishing on public works projects. File suit on payment bond within 1 year of last furnishing. Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year. Public: prime must pay sub within 7 days of receiving payment from owner. Interest accrues on late public payments.
How Idaho notices must be served
Idaho does not impose a preliminary notice on most claimants (N/A), but the notices it does require are strict on method. Accepted delivery for the notices tracked here: Certified Mail, Return Receipt Requested. Service runs to the Prime Contractor and Surety. Keep the proof of service in the project file — Idaho disputes over whether a notice was properly served are decided on that documentation.
Public projects in Idaho
No lien attaches to public property in Idaho. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of last furnishing, served on the Prime Contractor and Surety (Idaho Code § 54-1926). 4 public-project deadlines are tracked for Idaho.
Idaho statute citations
The Idaho deadlines above come from Idaho Code § 45-507, Idaho Code § 45-510, Idaho Code § 54-1926, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), Idaho Code § 67-2302. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Idaho construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Idaho?
90 days — From last date of furnishing. The filing goes to the County Recorder in the project's county. See Idaho Code § 45-507. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Idaho?
With the County Recorder in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Idaho require a preliminary notice?
Not for most claimants (N/A). Sub-tier claimants should still document first furnishing, because Idaho's filing and enforcement windows are applied strictly.
How long do you have to enforce a Idaho mechanics lien?
6 months — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Idaho?
Retainage released within 45 days of substantial completion on public contracts. 10% maximum retainage. (Idaho Code § 67-2302).