Idaho Code

Idaho Code § 45-506 (2026)

Liens preferred claims.

✓ current as of May 2026

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Liens preferred claims.

The liens provided for in this chapter shall be on equal footing with those liens within the same class of liens, without reference to the date of the filing of the lien claim or claims and are preferred to any lien, mortgage or other encumbrance, which may have attached subsequent to the time when the building, improvement or structure was commenced, work done, equipment, materials or fixtures were rented or leased, or materials or professional services were commenced to be furnished; also to any lien, mortgage, or other encumbrance of which the lienholder had no notice, and which was unrecorded at the time the building, improvement or structure was commenced, work done, equipment, materials or fixtures were rented or leased, or materials or professional services were commenced to be furnished.

Notes of Decisions

Cited in 13 cases, 1953–2015 · leading case: Bouten Constr. Co. v. H.F. Magnuson Co., 992 P.2d 751 (Idaho 1999).

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Bouten Constr. Co. v. H.F. Magnuson Co., 992 P.2d 751 (Idaho 1999). · cites it 22× “" Idaho Code § 45-506 provides: "The liens provided for in this chapter [mechanics liens] are preferred to any lien, mortgage or other encumbrance, which may have attached subsequent to the time when the building, improvement or structure was commenced, work done, or materials…”

Hap Taylor & Sons, Inc. v. Summerwind Partners, LLC, 338 P.3d 1204 (Idaho 2014). · cites it 28× “” I.C. § 45-506. Therefore, Walker is not instructive in this case, and the question before this Court is whether Stanley “commenced to furnish professional services” before IFA filed its deed of trust.”

Ultrawall, Inc. v. Washington Mut. Bank, 25 P.3d 855 (Idaho 2001). · cites it 14× “Paciftc States Construction of I.C. § 45-506 In 1905, this Court was faced, for the first time, with the question of whether the liens of laborers, materialmen, and contractors relate back to the time of the commencement of a project by any of the lien claimants, or whether the…”

Credit Suisse AG v. Teufel Nursery, Inc., 321 P.3d 739 (Idaho 2014). · cites it 4× “Idaho Code § 45-506 governs the priority between a mechanics lien and a mortgage.”

Terra-West, Inc. v. Idaho Mut. Trust, LLC, 247 P.3d 620 (Idaho 2010). · cites it 4× “We did not broadly construe section 45-506 to permit repeated extensions of the time within which to foreclose the lien.”

ACI Nw., Inc. v. Monument Heights, LLC, 342 P.3d 618 (Idaho 2015). · cites it 4× ““Idaho Code § 45-506 governs the priority between a mechanic[’]s lien and a mortgage” or other encumbrances.”

Cooper v. Wesco Builders, Inc., 253 P.2d 226 (Idaho 1953). · cites it 4× “Section 45-506, I.C. See Par. III & IV of the cross-complaints.”

Beall Pipe & Tank Corp. v. Tumac Intermountain, Inc., 700 P.2d 109 (Idaho Ct. App. 1985). · cites it 2× “It will therefore be necessary for the district court also to determine the priorities of the various interests in the property.”

Hopkins Nw. Fund, LLC v. Landscapes Unlimited, LLC, 264 P.3d 379 (Idaho 2011). · cites it 2× “The district court orally ruled on March 12, 2009, *743 that LU’s lien claim on the four parcels at issue was superior to Hopkins’ interest pursuant to I.C. § 45-506 (the March 2009 Order). However, the court reserved the issue of apportionment, which was separately raised in…”

First Am. Title Co. v. Design Builders, Inc. (In Re Design Builders, Inc.), 18 B.R. 392 (Bankr. D. Idaho 1981). “§ 45-506; Metropolitan Life Insurance Company v.”

Metro. Life Ins. v. First Sec. Bank, 491 P.2d 1261 (Idaho 1971). · cites it 2× “The principal thrust of appellants’ argument is the assertion that, since Commerce Mortgage paid the indebtedness of Nay to the First Security Bank, Commerce Mortgage, and its assignee, Metropolitan, should be subrogated to the lien status of First Security and its deed of…”

Palmer v. Bradford, 388 P.2d 96 (Idaho 1963). · cites it 2× “This contention is based upon I.C. § 45-506, which provides: “The liens provided for in this chapter are preferred to any lien, mortgage or other encumbrance, which may have attached subsequent to the time when the building, improvement or structure was commenced, work done, or…”

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