Idaho Code
Idaho Code § 45-507 (2026)
Claim of lien.
✓ current as of May 2026
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Claim of lien.
(1) Any person claiming a lien pursuant to the provisions of this chapter must file a claim for record with the county recorder for the county in which such property or some part thereof is situated.
(2) The claim shall be filed within ninety (90) days after the completion of the labor or services, or furnishing of materials.
(3) The claim shall contain:
(a) A statement of his demand, after deducting all just credits and offsets;
(b) The name of the owner, or reputed owner, if known;
(c) The name of the person by whom he was employed or to whom he furnished the materials;
(d) A description of the property to be charged with the lien, sufficient for identification; and
(e) For work or materials subject to the provisions of section 45-525, Idaho Code, the required proof of disclosure and acknowledgment of receipt.
(4) Such claim must be verified by the oath of the claimant, his agent, or his attorney to the effect that the affiant believes the same to be just.
(5) A true and correct copy of the claim of lien shall be served on the owner or reputed owner of the property either by an officer authorized by law to serve process delivering a copy thereof to the owner or reputed owner personally or by mailing a copy thereof by certified mail to the owner or reputed owner at his last known address. Such delivery or mailing shall be made no later than five (5) business days following the filing of said claim of lien.
(6) For purposes of this chapter, owner or reputed owner does not include a trustee of a deed of trust as defined and required by chapter 15, title 45, Idaho Code.
(7) In any court proceeding regarding a lien filed pursuant to this section, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
Notes of Decisions
Cited in 51
cases (6 in the last 5 years), 1955–2025 · leading case: Parkwest Homes, LLC v. Barnson / Mortg. Elec. Reg. Sys., Inc., 238 P.3d 203 (Idaho 2010).
Parkwest Homes, LLC v. Barnson / Mortg. Elec. Reg. Sys., Inc., 238 P.3d 203 (Idaho 2010). “This is an appeal from a judgment dismissing an action to foreclose a mechanic’s lien because: (a) the notice of lien did not substantially comply with the requirements of Idaho Code § 45-507 , and (b) the construction contract was void because the contractor had not registered…”
Great Plains Equip., Inc. v. Nw. Pipeline Corp., 979 P.2d 627 (Idaho 1999). “As a result of our conclusions that liens could not be claimed for equipment rental, for fuel and oil products or for liability and equipment insurance, this challenge is reduced to consideration of the lien of only one claimantMichetti Pipe Stringing.”
In Re Rake, 363 B.R. 146 (Bankr. D. Idaho 2007). “Idaho Code § 45-507 (3). The claim must be verified by the oath of the claimant as just.”
Franklin Bldg. Supply Co. v. Sumpter, 87 P.3d 955 (Idaho 2004). “At the time of the filing of Franklin’s lien in 1998, Idaho Code § 45-507 provided in relevant part: Any person claiming a lien pursuant to the provisions of this chapter must, within ninety (90) days after the completion of the labor or services or furnishings of materials, or…”
Baker v. Boren, 934 P.2d 951 (Idaho Ct. App. 1997). “— Any person claiming a lien pursuant to the provisions of this chapter must, within ninety (90) days after the completion of the labor or services or furnishing of materials, or the cessation of the labor, services or furnishing of materials for any cause, file for record with…”
ACI Nw., Inc. v. Monument Heights, LLC, 342 P.3d 618 (Idaho 2015). “This argument is misplaced because it is based on an inapplicable statute, Idaho Code section 45-507. This statute governs the requirements for a claim of lien.”
Parkwest Homes v. Julie G. Barnson, 302 P.3d 18 (Idaho 2013). “This stipulation enabled ParkWest to take immediate possession of the property, and in return ParkWest agreed to release Barnson from any personal liability (“Barnson Judgment”); neither MERS nor First American was a party to this stipulation.”
Terra-West, Inc. v. Idaho Mut. Trust, LLC, 247 P.3d 620 (Idaho 2010). “[2] The lien was filed eighty days after Terra-West completed work on the property, which was within the ninety-day time limit established by Idaho Code section 45-507(2). [3] Consequently, the second lien incorporated all the work originally claimed under the first lien, from…”
Cornerstone Builders, Inc. v. McReynolds, 41 P.3d 271 (Idaho Ct. App. 2001). “Cornerstone and the McReynolds filed cross-motions for summary judgment on the sole issue of whether Cornerstone’s claims of lien complied with the verification requirement of I.C. § 45-507. On February 1, 2000, the magistrate entered its order granting summary judgment in favor…”
Perception Constr. Mgmt., Inc. v. Bell, 254 P.3d 1246 (Idaho 2011). “Such an approach conforms with I.C. § 45-507, wherein a lien claimant must set forth a statement of his demand for work but also deduct all just credits and offsets, which should certainly include any defective work.”
Treasure Valley Plumbing & Heating, Inc. v. Earth Resources Co., 684 P.2d 322 (Idaho Ct. App. 1984). “Idaho Code § 45-507 requires such a notice to be “verified by the oath of the claimant, his agent or attorney, to the effect that the affiant believes the same to be just.”
BMC West Corp. v. Horkley, 174 P.3d 399 (Idaho 2007). “This issue is relevant because Idaho Code § 45-507 (2) requires that a person claiming a lien file “within ninety (90) days after the completion of the labor or services, or furnishing of materials.”
— Idaho Code § 45-507(2) — 3 cases
Terra-West, Inc. v. Idaho Mut. Trust, LLC, 247 P.3d 620 (Idaho 2010). “[2] The lien was filed eighty days after Terra-West completed work on the property, which was within the ninety-day time limit established by Idaho Code section 45-507(2). [3] Consequently, the second lien incorporated all the work originally claimed under the first lien, from…”
ACI Nw., Inc. v. Monument Heights, LLC, 342 P.3d 618 (Idaho 2015). “This argument is misplaced because it is based on an inapplicable statute, Idaho Code section 45-507. This statute governs the requirements for a claim of lien.”
In Re Rake, 363 B.R. 146 (Bankr. D. Idaho 2007). “Idaho Code § 45-507 (3). The claim must be verified by the oath of the claimant as just.”
— Idaho Code § 45-507(3)(a) — 1 case
Perception Constr. Mgmt., Inc. v. Bell, 254 P.3d 1246 (Idaho 2011). “Such an approach conforms with I.C. § 45-507, wherein a lien claimant must set forth a statement of his demand for work but also deduct all just credits and offsets, which should certainly include any defective work.”
— Idaho Code § 45-507(4) — 4 cases
Terra-West, Inc. v. Idaho Mut. Trust, LLC, 247 P.3d 620 (Idaho 2010). “[2] The lien was filed eighty days after Terra-West completed work on the property, which was within the ninety-day time limit established by Idaho Code section 45-507(2). [3] Consequently, the second lien incorporated all the work originally claimed under the first lien, from…”
First Fed. Sav. Bank of Twin Falls v. Riedesel Eng'g, Inc., 301 P.3d 632 (Idaho 2012).
Parkwest Homes, LLC v. Barnson / Mortg. Elec. Reg. Sys., Inc., 238 P.3d 203 (Idaho 2010). “This is an appeal from a judgment dismissing an action to foreclose a mechanic’s lien because: (a) the notice of lien did not substantially comply with the requirements of Idaho Code § 45-507 , and (b) the construction contract was void because the contractor had not registered…”
Allied Gen. F&S v. DeBest Fire (Idaho Ct. App. 2014).
— Idaho Code § 45-507(7) — 1 case
Datum Constr., LLC v. Re Inv. Co. (Idaho 2023).
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