Lien deadlines · Idaho

Idaho mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

Under Idaho Code tit. 45, ch. 5, the lien filing rule is 90 days after the labor or services were completed or the materials were furnished (Idaho Code § 45-507(2)). The deadline to sue is 6 months after the claim is filed (Idaho Code § 45-510(1)). Both rules name every role on any project type, and the preliminary notice stage reads None required.

Idaho · Lien deadlinesVerified 2026-10-02
Lien filing
90 days after the labor or services were completed or the materials were furnished
Preliminary notice
None required
Deadline to sue
6 months after the claim is filed

Preliminary notice

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultNone requiredStatute: Idaho Code § 45-507(1)
(1) Any person claiming a lien pursuant to the provisions of this chapter must file a claim for record with the county recorder for the county in which such property or some part thereof is situated.
Idaho Code § 45-507(1) · Archived copy of the official text, captured 2026-05-15

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault90 days after the labor or services were completed or the materials were furnishedStatute: Idaho Code § 45-507(2); Idaho Code § 45-507(1)
The claim shall be filed within ninety (90) days after the completion of the labor or services, or furnishing of materials.
Idaho Code § 45-507(2) · Archived copy of the official text, captured 2026-05-15
(1) Any person claiming a lien pursuant to the provisions of this chapter must file a claim for record with the county recorder for the county in which such property or some part thereof is situated.
Idaho Code § 45-507(1) · Archived copy of the official text, captured 2026-05-15

Service of the lien

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultNo later than five (5) business days following the filing of the claim of lienStatute: Idaho Code § 45-507(5)
What the statute says about it. Recipients: The owner or reputed owner of the property. Delivery: Delivered personally by an officer authorized by law to serve process, or mailed by certified mail to the owner or reputed owner at the last known address.
(5) A true and correct copy of the claim of lien shall be served on the owner or reputed owner of the property either by an officer authorized by law to serve process delivering a copy thereof to the owner or reputed owner personally or by mailing a copy thereof by certified mail to the owner or reputed owner at his last known address.
Idaho Code § 45-507(5) · Archived copy of the official text, captured 2026-05-15
Such delivery or mailing shall be made no later than five (5) business days following the filing of said claim of lien.
Idaho Code § 45-507(5) · Archived copy of the official text, captured 2026-05-15

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault6 months after the claim is filedStatute: Idaho Code § 45-510(1)
What the statute says about it. The lien does not bind the property for longer than that unless proceedings to enforce it are commenced in a proper court within that time.
(1) No lien provided for in this chapter binds any building, mining claim, improvement or structure for a longer period than six (6) months after the claim has been filed, unless proceedings be commenced in a proper court within that time to enforce such lien; or unless a payment on account is made, or extension of credit given with expiration date thereof, and such payment or credit and expiration date, is endorsed on the record of the lien, then six (6) months after the date of such payment or expiration of extension.
Idaho Code § 45-510(1) · Archived copy of the official text, captured 2025-12-19

Residential projects

For work or materials subject to Idaho Code § 45-525 (a general contractor's disclosures for residential real property), the claim of lien contains the required proof of disclosure and acknowledgment of receipt.

(3) The claim shall contain:
Idaho Code § 45-507(3) · Archived copy of the official text, captured 2026-05-15
(e) For work or materials subject to the provisions of section 45-525, Idaho Code, the required proof of disclosure and acknowledgment of receipt.
Idaho Code § 45-507(3)(e) · Archived copy of the official text, captured 2026-05-15

How the days are counted

The day of the event is not counted, and the last day of the period is.

The time in which any act provided by law is to be done is computed by excluding the first day, and including the last unless the last is a holiday and then it is also excluded.
Idaho Code § 73-109 · Archived copy of the official text, captured 2025-12-24

A last day that falls on a Sunday or a legal holiday moves to the next day that is not one.

Holidays, within the meaning of these compiled laws, are: Every Sunday; January 1 (New Year’s Day); Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights Day); Third Monday in February (Washington’s Birthday); Last Monday in May (Memorial Day); July 4 (Independence Day); First Monday in September (Labor Day); Second Monday in October (Columbus Day); November 11 (Veterans Day); Fourth Thursday in November (Thanksgiving Day); December 25 (Christmas); Every day appointed by the President of the United States, or by the governor of this state, for a public fast, thanksgiving, or holiday.
Idaho Code § 73-108 · Archived copy of the official text, captured 2025-11-12

Who the deadlines apply to

Idaho's rules name the same roles at every stage. Each rule on this page names the direct contractor, the subcontractor, the sub-subcontractor, the supplier and the laborer together, and each covers any project type [1] [2]. The claim of lien is filed with the county recorder [1].

At the first stage, the preliminary notice row reads None required for all five roles [1].

How the periods run

The filing period runs from the completion of the labor or services, or the furnishing of materials. Its label is 90 days after the labor or services were completed or the materials were furnished [1].

Once the claim is filed, two later rules count from that filing.

The same section names one condition that shifts the starting point of the suit period. Where a payment on account is made, or an extension of credit is given with its expiration date, and that payment or credit and date are endorsed on the record of the lien, the period runs instead from the date of the payment or the expiration of the extension [2].

How residential work is treated

No rule on this page is limited to residential work, and the filing and suit periods read the same for residential work as for other work [1] [2]. For work or materials that fall under § 45-525, the general contractor disclosure section for residential real property, the claim includes the proof of that disclosure and of its receipt that § 45-507(3)(e) calls for [1].

Counting the days

Idaho Code § 73-109 counts a period by leaving out the first day and keeping the last, unless the last day is a holiday; then the last day is left out as well [3]. Section 73-108 decides what a holiday is. Its list starts with every Sunday, names dated holidays from New Year's Day to Christmas, and adds any day the President of the United States or the governor appoints for a public fast, thanksgiving or holiday [4]. A legal holiday that lands on a Saturday makes the Friday before it a holiday, and one other than Sunday that lands on a Sunday makes the next Monday a holiday [4].

What changed recently

Section 45-507, which holds the filing and service rules, was last amended by 2022, ch. 66 [1]. Section 45-510, the suit section, was last amended by 2015, ch. 339 [2].

Related

Lien deadlines: other states

Sources

  1. Idaho Code § 45-507, Idaho State Legislature (archived copy, captured 2026-05-15)
  2. Idaho Code § 45-510, Idaho State Legislature (archived copy, captured 2025-12-19)
  3. Idaho Code § 73-109, Idaho State Legislature (archived copy, captured 2025-12-24)
  4. Idaho Code § 73-108, Idaho State Legislature (archived copy, captured 2025-11-12)

Changelog

  1. : Page published.
  2. : 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
  3. : Dataset first published: 9 of 51 jurisdictions published.