lien claim (Idaho) · Go Syfert
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lien claim in Idaho

17 Idaho opinions name it 2 courts 1915–2024 2 in the last five years

The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Mitchell v. Flandrogreen
idaho · 1972 · cited in 2 Idaho opinions naming this issue, 1997–2009
2 sentences

2009Certainly, it is well settled law in Idaho that substantial completion is a construction milestone, which properly commences the time deadline to record a mechanics lien against a private works project.” (Citation omitted.) In making that argument, Surety quotes from Mitchell v. Flandro, 95 Idaho 228, 231 , 506 P.2d 455, 458 (1972), which held, “It is established that ‘trivial’ work done or materials furnished after the contract has been substantially completed will not extend the time in which a lien claim can be filed under I.C. 45-507.” In Mitchell , the contractor’s testimony also showed t

2009Certainly, it is well settled law in Idaho that substantial completion is a construction milestone, which properly commences the time deadline to record a mechanics lien against a private works project.” (Citation omitted.) In making that argument, Surety quotes from Mitchell v. Flandro, 95 Idaho 228, 231 , 506 P.2d 455, 458 (1972), which held, “It is established that ‘trivial’ work done or materials furnished after the contract has been substantially completed will not extend the time in which a lien claim can be filed under I.C. 45-507.” In Mitchell , the contractor’s testimony also showed t

22
Gem State Lumber Co. v. Wittygreen
idaho · 1923 · cited in 3 Idaho opinions naming this issue, 1972–2004
2 sentences

2004The district court in this ease found that “Idaho courts have consistently held that the time for filing a lien claim begins to run from the substantial completion of the contract.” The district court also found that “items of a trivial character will not extend the time for claiming a lien.” In support of its findings, the district court cited to Pierson v. Sewell, 97 Idaho 38 , 539 P.2d 590 (1975) and Gem State Lumber Co. v. Witty, 37 Idaho 489 , 217 P. 1027 (1923).

2004The district court in this ease found that “Idaho courts have consistently held that the time for filing a lien claim begins to run from the substantial completion of the contract.” The district court also found that “items of a trivial character will not extend the time for claiming a lien.” In support of its findings, the district court cited to Pierson v. Sewell, 97 Idaho 38 , 539 P.2d 590 (1975) and Gem State Lumber Co. v. Witty, 37 Idaho 489 , 217 P. 1027 (1923).

13
Phillips v. Salmon River Mining & Development Co.green
· 1903 · cited in 1 Idaho opinions naming this issue, 2011–2011
2 sentences

2011Co., the owner of a mine composed of three placer mining claims, challenged the validity of a lien claim when the lien claimant described the property to be liened as the Salem Bar Mine, without identifying the individual mining claims making up the larger mine. 9 Idaho 149 , 72 P. 886, 886 (1903).

2011Co., the owner of a mine composed of three placer mining claims, challenged the validity of a lien claim when the lien claimant described the property to be liened as the Salem Bar Mine, without identifying the individual mining claims making up the larger mine. 9 Idaho 149 , 72 P. 886, 886 (1903).

11
Chief Industries, Inc. v. Schwendimangreen
idaho · 1978 · cited in 1 Idaho opinions naming this issue, 2011–2011
2 sentences

2011See Chief Industries, 99 Idaho at 687 , 587 P.2d at 828 .

2011See Chief Industries, 99 Idaho at 687 , 587 P.2d at 828 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
Stonebrook Constraction, LLC v. Chase Home Finance, LLC green
idaho · 2012
2 sentences

2024Id. at 4 The law provided that any person who engaged in the practice of architecture or offered to practice without a license was guilty of a misdemeanor.

2024Id. at 4 The law provided that any person who engaged in the practice of architecture or offered to practice without a license was guilty of a misdemeanor.

22024–2024
Parkwest Homes, LLC v. Barnson / Mortgage Electronic Registration Systems, Inc. green
idaho · 2010
2 sentences

2024Later in the hearing on the motion for directed verdict, Genho’s attorney asked the court to reconsider its decision on the lien claim under this Court’s holding in ParkWest Homes LLC v. Barnson, 149 Idaho 603 , 238 P.3d 203 (2010).

2024Later in the hearing on the motion for directed verdict, Genho’s attorney asked the court to reconsider its decision on the lien claim under this Court’s holding in ParkWest Homes LLC v. Barnson, 149 Idaho 603 , 238 P.3d 203 (2010).

22024–2024
Pierson v. Sewell green
idaho · 1975
2 sentences

2004The district court in this ease found that “Idaho courts have consistently held that the time for filing a lien claim begins to run from the substantial completion of the contract.” The district court also found that “items of a trivial character will not extend the time for claiming a lien.” In support of its findings, the district court cited to Pierson v. Sewell, 97 Idaho 38 , 539 P.2d 590 (1975) and Gem State Lumber Co. v. Witty, 37 Idaho 489 , 217 P. 1027 (1923).

2004The district court in this ease found that “Idaho courts have consistently held that the time for filing a lien claim begins to run from the substantial completion of the contract.” The district court also found that “items of a trivial character will not extend the time for claiming a lien.” In support of its findings, the district court cited to Pierson v. Sewell, 97 Idaho 38 , 539 P.2d 590 (1975) and Gem State Lumber Co. v. Witty, 37 Idaho 489 , 217 P. 1027 (1923).

22004–2009
First General Services v. Perkins green
utahctapp · 1996
2 sentences

2005Id. at 486 .

2005Id.

12005–2005
Frazee v. Frazee green
idaho · 1983
2 sentences

1989The lien asserted by Cole is what is known as an “attorney’s charging lien.” See Frazee v. Frazee, 104 Idaho 463 , 660 P.2d 928 (1983).

1989The lien asserted by Cole is what is known as an “attorney’s charging lien.” See Frazee v. Frazee, 104 Idaho 463 , 660 P.2d 928 (1983).

11989–1989
Nancy Lee Mines, Inc. v. Harrison green
idaho · 1970
2 sentences

1985The district court’s judgment was affirmed in Nancy Lee Mines, Inc. v. Harrison, 93 Idaho 652 , 471 P.2d 39 (1970).

1985The district court’s judgment was affirmed in Nancy Lee Mines, Inc. v. Harrison, 93 Idaho 652 , 471 P.2d 39 (1970).

11985–1985
Gee v. Crabtree green
colo · 1977
2 sentences

1981In our view, the attorney's charging lien may not only be asserted, but may be enforced, in the civil action which gave rise to the lien claim, or, in the alternative, in an independent action." 560 P.2d at 836 .

1981In our view, the attorney’s charging lien may not only be asserted, but may be enforced, in the civil action which gave rise to the lien claim, or, in the alternative, in an independent action.” 560 P.2d at 836 .

11981–1981
Finnell v. Finnell green
· 1909
2 sentences

1975We adopt the following language of the Supreme Court of California in the case of Finnell v. Finnell, 156 Cal. 589 , 105 P. 740 (1909), in which the California court, which construed a vendor’s lien statute substantially identical to Idaho’s, stated: “The right of a vendor to enforce his lien continues, unless waived, so long as an action can be commenced for the purchase money . . . .” 105 P. at 744 .

1975We adopt the following language of the Supreme Court of California in the case of Finnell v. Finnell, 156 Cal. 589 , 105 P. 740 (1909), in which the California court, which construed a vendor’s lien statute substantially identical to Idaho’s, stated: “The right of a vendor to enforce his lien continues, unless waived, so long as an action can be commenced for the purchase money . . . .” 105 P. at 744 .

11975–1975
Lus v. Pecararo neutral
idaho · 1925
2 sentences

1974Linch v. Perrine, 51 Idaho 152 , 4 P.2d 353 (1931); Lus v. Pecararo, 41 Idaho 425 , 238 P. 1021 (1925); Brunecz v. DiLeo, 263 Md. 481 , 283 A.2d 606 (1971); Kuntz v. Partridge, 65 N.W.2d 681 (N.D. 1954); Duncan Box & Lbr.

1974Linch v. Perrine, 51 Idaho 152 , 4 P.2d 353 (1931); Lus v. Pecararo, 41 Idaho 425 , 238 P. 1021 (1925); Brunecz v. DiLeo, 263 Md. 481 , 283 A.2d 606 (1971); Kuntz v. Partridge, 65 N.W.2d 681 (N.D. 1954); Duncan Box & Lbr.

11974–1974
Linch v. Perrine neutral
idaho · 1931
2 sentences

1974Linch v. Perrine, 51 Idaho 152 , 4 P.2d 353 (1931); Lus v. Pecararo, 41 Idaho 425 , 238 P. 1021 (1925); Brunecz v. DiLeo, 263 Md. 481 , 283 A.2d 606 (1971); Kuntz v. Partridge, 65 N.W.2d 681 (N.D. 1954); Duncan Box & Lbr.

1974Linch v. Perrine, 51 Idaho 152 , 4 P.2d 353 (1931); Lus v. Pecararo, 41 Idaho 425 , 238 P. 1021 (1925); Brunecz v. DiLeo, 263 Md. 481 , 283 A.2d 606 (1971); Kuntz v. Partridge, 65 N.W.2d 681 (N.D. 1954); Duncan Box & Lbr.

11974–1974
Kuntz v. Partridge green
nd · 1954
1 sentence

1974Linch v. Perrine, 51 Idaho 152 , 4 P.2d 353 (1931); Lus v. Pecararo, 41 Idaho 425 , 238 P. 1021 (1925); Brunecz v. DiLeo, 263 Md. 481 , 283 A.2d 606 (1971); Kuntz v. Partridge, 65 N.W.2d 681 (N.D. 1954); Duncan Box & Lbr.

11974–1974
Brunecz v. DiLeo green
md · 1971
2 sentences

1974Linch v. Perrine, 51 Idaho 152 , 4 P.2d 353 (1931); Lus v. Pecararo, 41 Idaho 425 , 238 P. 1021 (1925); Brunecz v. DiLeo, 263 Md. 481 , 283 A.2d 606 (1971); Kuntz v. Partridge, 65 N.W.2d 681 (N.D. 1954); Duncan Box & Lbr.

1974Linch v. Perrine, 51 Idaho 152 , 4 P.2d 353 (1931); Lus v. Pecararo, 41 Idaho 425 , 238 P. 1021 (1925); Brunecz v. DiLeo, 263 Md. 481 , 283 A.2d 606 (1971); Kuntz v. Partridge, 65 N.W.2d 681 (N.D. 1954); Duncan Box & Lbr.

11974–1974
Gem State Lumber Co. v. Union Grain & Elevator Co. green
idaho · 1929
2 sentences

1958This Court, in Gem State Lumber Co. v. Union Grain & Elevator Co., 47 Idaho 747 , 278 P. 775, 776 , upon invoking the rule of liberal construction of the lien law, held that failure to state the name of the record owner of the property in the claim of lien, was not fatal since it appeared that such owner “was in no manner misled by the mistake, but had been apprised of the lien claim.” Herein it is not indicated whether Mrs. MacFarland is, or was at the time of the trial, a record owner of the property, together with her husband.

1958This Court, in Gem State Lumber Co. v. Union Grain & Elevator Co., 47 Idaho 747 , 278 P. 775, 776 , upon invoking the rule of liberal construction of the lien law, held that failure to state the name of the record owner of the property in the claim of lien, was not fatal since it appeared that such owner “was in no manner misled by the mistake, but had been apprised of the lien claim.” Herein it is not indicated whether Mrs. MacFarland is, or was at the time of the trial, a record owner of the property, together with her husband.

11958–1958
Blake v. Crystalline Lime Co. green
idaho · 1923
2 sentences

1934It is said in Blake v. Crystalline Lime Co., 37 Ida. 637, 641 , 221 Pac. 1100 , 1101: “The very foundation of a lien claim under our statute is the performance of labor upon or the furnishing of materials for the construction or improvement of the property upon which the lien is claimed.

1934It is said in Blake v. Crystalline Lime Co., 37 Ida. 637, 641 , 221 Pac. 1100 , 1101: “The very foundation of a lien claim under our statute is the performance of labor upon or the furnishing of materials for the construction or improvement of the property upon which the lien is claimed.

11934–1934
Franklin v. Walker neutral
· 1898
2 sentences

1925(Franklin v. Walker, 171 Ill. 405 , 49 N. E. 556 ; Jones v. Wolfe (Tenn. Ch.

1925(Franklin v. Walker, 171 Ill. 405 , 49 N. E. 556 ; Jones v. Wolfe (Tenn. Ch.

11925–1925
Gilbert v. Bakes neutral
ind · 1886
2 sentences

1925(Gilbert v. Bakes, 106 Ind. 558 , 7 N. E. 257 .) The acceptance of a forged mortgage does not waive an implied vendor’s lien. (39 Cyc. 1840.) The law will not imply a waiver of a vendor’s lien when the waiver, if implied, was induced by fraud of the vendee.

1925(Gilbert v. Bakes, 106 Ind. 558 , 7 N. E. 257 .) The acceptance of a forged mortgage does not waive an implied vendor’s lien. (39 Cyc. 1840.) The law will not imply a waiver of a vendor’s lien when the waiver, if implied, was induced by fraud of the vendee.

11925–1925
Taylor v. Debritz neutral
wash · 1908
2 sentences

1915Ency. of Law, p. 755, which reads: “If the owner of land, or a party having interest therein, in good faith applies to the proper officer for the purpose of paying the tax thereon, and payment is prevented by the mistake or fault of such officer, .... the attempt to pay is considered, in most jurisdictions as the legal equivalent of payment in so far as -to discharge the lien and bar a sale for nonpayment.” Thus in Breisch v. Coxe, 81 Pa. St. 336, 346, the court in dealing with an attempt to pay taxes, observed: “It is an almost universal rule, which substitutes a tender for performance, when

1915Ency. of Law, p. 755, which reads: “If the owner of land, or a party having interest therein, in good faith applies to the proper officer for the purpose of paying the tax thereon, and payment is prevented by the mistake or fault of such officer, .... the attempt to pay is considered, in most jurisdictions as the legal equivalent of payment in so far as -to discharge the lien and bar a sale for nonpayment.” Thus in Breisch v. Coxe, 81 Pa. St. 336, 346, the court in dealing with an attempt to pay taxes, observed: “It is an almost universal rule, which substitutes a tender for performance, when

11915–1915

Statutes the citing opinions construe

ID § Idaho Code § 12-121 (7) ID § Idaho Code § 45-513 (7) ID § Idaho Code § 12-120 (6) ID § Idaho Code § 45-501 (6) ID § Idaho Code § 45-507 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 128 (1899–2025) IL 126 (1882–2025) CA 96 (1868–2026) PA 94 (1858–2025) MO 53 (1881–2019) NJ 47 (1874–2024) NY 46 (1887–2025) WA 45 (1892–2025) TX 42 (1917–2024) FL 38 (1909–2025) MD 35 (1911–2021) MN 34 (1890–2016) OK 34 (1910–2021) OR 29 (1892–2023) CO 24 (1913–2025) GA 23 (1878–2025) AL 22 (1894–2018) WI 22 (1873–2022) NV 18 (1914–2020) UT 18 (1909–2025) ID 17 (1915–2024) NC 13 (1964–2024) CT 13 (1980–2017) IN 13 (1879–2015) ME 12 (1955–2018) AZ 12 (1968–2012) MI 11 (1934–2022) SD 10 (1911–2025) MT 9 (1919–2019) VA 9 (1966–2010) WY 8 (1940–2007) IA 8 (1961–2021) NM 7 (1931–2020) OH 7 (1894–2022) AR 6 (1905–2014) KY 6 (1869–2017) SC 4 (1997–2014) ND 4 (1952–1998) KS 4 (1938–2022) MA 3 (1973–2011) WV 3 (1911–1948) RI 3 (1991–1998) DE 3 (1938–2017) NE 3 (1897–1992) MS 3 (1924–2014) AK 2 (1977–1981) DC 2 (1979–1991) TN 2 (1944–1977)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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