Bond or Lien Claim-Private Work

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Lien Certificate and Statement of Account.

Scope: State of Idaho, Private Works.

Time Constraints: Your filing requirements depend on the type of claimant you represent:

Prime Contractor: Your Lien Certificate and Statement of Account must be filed with the County Recorder's office of the county where the project resides within 90 days of the completion of the project.

Sub-Contractors or Material men: Your Lien Certificate must be filed with the County Recorder's office of the county where the project resides within 60 days of your last furnishing of labor, materials or services.

Both Parties: Copies of the Notice of Filing Lien and Lien Certificate must be personally served or mailed by certified mail upon the owner within 24 hours of filing the Lien Certificate. Express or Overnight Mail with return receipt should also be acceptable so long as proof of delivery can be established.

Perfection: To perfect your mechanic's lien, you must file suit to foreclose the lien within 6 months of the filing of the Lien Certificate.

Payment Bond: Where a surety has provided a Payment Bond, after you have filed your Mechanic's Lien file suit against the sureties within the time frame set forth in the bond.

Lien Bond: A bond in the amount of 150% of the lien amount may be filed by your customer, owner or other interested party before or after a lien foreclosure suit is filed.

Important: A lien is not permitted if the work is ordered by a tenant or lessee of the property without the authorization in writing of the lessor.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Stop Notices and Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the name of the county where the project resides (optional).

Form Types: Lien Certificate and Statement of Account, Notice of Filing Lien, Exhibit's A-D, if needed and Recorder’s Letter.

Procedures: Prepare your documents using the required information. You can file your mechanic's lien immediately, but be prepared to attempt service of your Notice of Filing Lien and Lien Certificate and Statement of Account on the owners within 24 hours. At this point you are ready to file suit to enforce all of your claims in one action.

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