Can a contractor sue for unpaid work in Idaho?
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Can a contractor sue for unpaid work in Idaho?
Yes. Idaho contractors, subcontractors, and suppliers who are not paid for completed work can file a mechanic’s lien against the property and pursue a lawsuit for payment. The mechanic’s lien must be filed within 90 days of completing work. Failure to file within this window forfeits lien rights — act quickly.
Idaho law provides contractors, subcontractors, material suppliers, and design professionals with powerful tools to recover unpaid compensation for work performed or materials supplied. The primary remedy is a mechanic’s lien (also called a materialman’s lien in Idaho), which is a legal claim recorded against the property title. A properly filed mechanic’s lien gives the contractor the right to force a sale of the property to satisfy the debt if payment is not made. Under Idaho Code § 45-501 et seq., strict deadlines apply: the lien must be filed within 90 days of completing work or last furnishing materials.
Before filing suit to enforce the lien, the contractor must also serve a formal Notice of Lien on the property owner. In addition to lien enforcement, contractors may pursue a direct breach of contract claim, a claim under the Idaho Prompt Payment Act if the owner is a public entity, or — in egregious cases — a fraud claim. Taylor Law Offices assists contractors and subcontractors across Idaho with lien filings, demand letters, and payment dispute litigation.
- Idaho Code § 45-507 requires the lien to be filed within 90 days of last furnishing work or materials.
- A lien enforcement lawsuit must be filed within 6 months of filing the lien — or the lien expires.
- Preliminary lien notices sent early in the project can strengthen your lien position.
- Idaho’s Prompt Payment Act provides interest and attorney’s fees for late payments on public projects.
- Subcontractors can file liens even when they have no direct contract with the property owner.
- Taylor Law Offices handles mechanic’s lien filings, enforcement actions, and construction payment disputes statewide.
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