When you are working on a construction project, it is important to make sure that you are protected in case something goes wrong. One way to do this is by filing a mechanics lien. This guide will provide you with everything you need to know about mechanics liens in Idaho, including what they are, how to file them, and the consequences of not filing them.
What is a mechanics lien?
A mechanics lien is a legal document that gives you the right to file a lawsuit against someone who owes you money for work that you have done on their property. In Idaho, there are specific laws governing mechanics liens. These laws exist to protect contractors and subcontractors who have not been paid for work that they have done on a construction project.
How do I file a mechanics lien in Idaho?
Step One: Send written notice of your intent to file a Mechanics Lien to all parties involved in the project. This notice should include the following information: Your name and contact information, the name of the project, the amount of money that you are owed for your work, and a description of the work that you have done.
Step Two: File a copy of the notice with the Idaho Secretary of State. Construction law requires that you file the lien claimant within 90 days of the date you supplied unpaid labor.
Step Three: File a lawsuit in court to recover the money you are owed. You must serve the property owner a copy of the lien within five days of the date of filing.
What are the consequences of not filing a mechanics lien?
If you do not file a mechanics lien for unpaid work done, you may lose your right to sue for payment. Additionally, if you file a mechanics lien and the court later finds it to be invalid, you may be liable for damages caused by the lien.
If you have been injured on a construction project or have not been paid for work you have done, it is important to file a mechanics lien to help you protect your rights. However, remember that the time limits are very tight so you must be prepared to act fast.