Idaho Code
Idaho Code § 45-413 (2026)
Joinder of actions — Filing fees as costs — Attorney’s fees.
✓ current as of May 2026
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Joinder of actions — Filing fees as costs — Attorney’s fees.
Any number of persons claiming liens against the same property under this chapter may join in the same action, and when separate actions are commenced, the court may consolidate them. The court shall also, as part of the cost, allow the moneys paid for filing and recording the claim, and a reasonable attorney’s fee for each person claiming a lien.
Notes of Decisions
Cited in 4
cases, 1999–2008 · leading case: Bingham v. Montane Resource Assocs., 987 P.2d 1035 (Idaho 1999).
Bingham v. Montane Resource Assocs., 987 P.2d 1035 (Idaho 1999). “00 to Montane under I.C. § 45-413, a statute allowing a court to award attorney fees for persons claiming a lien against property.”
BECO Constr. Co. v. J-U-B Engineers, Inc., 184 P.3d 844 (Idaho 2008). “” However, in Bingham , this Court denied attorney fees because “[a]t no point did Montane assert that it was entitled to fees under I.C. § 45-413.” Bingham, 133 Idaho at 423 , 987 P.”
Oldcastle Precast, Inc. v. Parktowne Constr., Inc., 128 P.3d 913 (Idaho 2005). “The attorney fee provisions I.C. § 45-413 and I.C. § 54-1929 should be interpreted and applied in a similar fashion, at least at the trial court level.”
Montane Resource Assocs. v. Greene, 974 P.2d 510 (Idaho 1999). “§§ 12-120 & 121 and § 45-413. 6. A Logger's Lien was recorded in Power County on September 1, 1995, as Instrument No.”
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