Right to lien.
Every person performing labor upon, or furnishing materials to be used in the construction, alteration or repair of any mining claim, building, wharf, bridge, ditch, dike, flume, tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic power, or any other structure, or who grades, fills in, levels, surfaces or otherwise improves any land, or who performs labor in any mine or mining claim, and every professional engineer or licensed surveyor under contract who prepares or furnishes designs, plans, plats, maps, specifications, drawings, surveys, estimates of cost, on-site observation or supervision, or who renders any other professional service whatsoever for which he is legally authorized to perform in connection with any land or building development or improvement, or to establish boundaries, has a lien upon the same for the work or labor done or professional services or materials furnished, whether done or furnished at the instance of the owner of the building or other improvement or his agent; and every contractor, subcontractor, architect, builder or any person having charge of any mining claim, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent of the owner for the purpose of this chapter: provided, that the lessee or lessees of any mining claim shall not be considered as the agent or agents of the owner under the provisions of this chapter.
For purposes of this chapter the term "furnishing material" shall also include, notwithstanding any other provision of law to the contrary, supplying, renting or leasing equipment, materials or fixtures as defined in section 28-12-309, Idaho Code. "Furnishing material" shall also include renting, leasing or otherwise supplying any equipment, materials, fixtures or machinery to any mine or mining claim.
Notes of Decisions
Hap Taylor & Sons, Inc. v. Summerwind Partners, LLC, 338 P.3d 1204 (Idaho 2014).
· cites it 56× “(quoting I.C. § 45-501) (emphasis in original). We stated that it “is obvious that the section creates two distinct types of liens — a lien against some form of structure, alternately referred to in later sections of the lien law [including Idaho Code section 45-508] as an…”
L & W SUPPLY CORP. v. Chartrand Fam. Trust, 40 P.3d 96 (Idaho 2002).
· cites it 30× “The district court granted summary judgment for Chartrand and dismissed Gem State’s claim, finding that Gem State’s lien was invalid, because Gem State was too remote from Chartrand in order to enjoy the benefits of Idaho’s materialman’s lien statute, I.C. § 45-501. Gem State…”
Idaho Lumber, Inc. v. Buck, 710 P.2d 647 (Idaho Ct. App. 1985).
· cites it 26× “The right to such a lien is permitted by I.C. § 45-501: Every person performing labor upon, or furnishing materials to be used in the construction, alteration or repair of any .”
Elec. Wholesale Supply Co. v. Nielson, 41 P.3d 242 (Idaho 2001).
· cites it 14× “, which provides: Right to lien — Every person, otherwise unsecured in whole or in part, performing labor upon, or furnishing materials to be used in the construction, alteration or repair of any ... building ... or any other structure, or .”
Pierson v. Sewell, 539 P.2d 590 (Idaho 1975).
· cites it 24× “As such, Pierson supplied materials and labor through his employees and, therefore, has by I.C. § 45-501 a right to a lien on the dwelling.”
Perception Constr. Mgmt., Inc. v. Bell, 254 P.3d 1246 (Idaho 2011).
· cites it 16× “" Counsel for the Bells then turned his attention to a different subject. The prima facie case in a lien foreclosure action includes a showing that the plaintiff substantially performed the construction contract from which the claim of lien arose.”
Chief Indus., Inc. v. Schwendiman, 587 P.2d 823 (Idaho 1978).
· cites it 16× “Hence, we hold that the description of the real property in the notice of claim of lien is insufficient for identification of the property sought to be charged herein. An additional, if not overriding, reason for failure of the lien here is the lack of incorporation of the…”
Franklin Bldg. Supply Co. v. Sumpter, 87 P.3d 955 (Idaho 2004).
· cites it 8× “” I.C. § 45-501 (Supp.1998). “The purpose of these statutes is to compensate persons who perform labor upon or furnish material to be used in construction, alteration or repair of a structure.”
BMC West Corp. v. Horkley, 174 P.3d 399 (Idaho 2007).
· cites it 12× “Idaho Code § 45-501 provides a lien to “[ejvery person .”
Cuevas v. Barraza, 198 P.3d 740 (Idaho Ct. App. 2008).
· cites it 8× “The expiration of the limitation period to bring an action attempting to enforce the lien under the mechanic's lien statutes, I.C. §§ 45-501 to 45-525, did not extinguish any property right created by a written contract for the sale of the ranch.”
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