Idaho Code
Idaho Code

Idaho Code § 45-510 (2026)

Duration of lien. 

✓ current as of May 2026
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Duration of lien. 

(1) No lien provided for in this chapter binds any building, mining claim, improvement or structure for a longer period than six (6) months after the claim has been filed, unless proceedings be commenced in a proper court within that time to enforce such lien; or unless a payment on account is made, or extension of credit given with expiration date thereof, and such payment or credit and expiration date, is endorsed on the record of the lien, then six (6) months after the date of such payment or expiration of extension. The lien of a final judgment obtained on any lien provided for in this chapter shall cease ten (10) years from the date the judgment becomes final.

(2)  Nothing in this chapter requires that a trustee of a deed of trust as defined and required by section 45-1502 et seq., Idaho Code, be included in a claim of lien or foreclosure or judgment under this chapter.
Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1956–2025 · leading case: ACI Nw., Inc. v. Monument Heights, LLC, 342 P.3d 618 (Idaho 2015).
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ACI Nw., Inc. v. Monument Heights, LLC, 342 P.3d 618 (Idaho 2015). · cites it 122× “This Court explained: Idaho Code § 45-510 provides a court with jurisdiction to enforce a lien when a lien is filed and an action commenced within six months.”
Terra-West, Inc. v. Idaho Mut. Trust, LLC, 247 P.3d 620 (Idaho 2010). · cites it 64× “Idaho Code § 45-510 provides insofar as is relevant, "No lien provided for in this chapter binds any building, mining claim, improvement or structure for a longer period than six (6) months after the claim has been filed, unless proceedings be commenced in a proper court within…”
Keith A. Sims v. Dan S. Jacobson, 342 P.3d 907 (Idaho 2015). · cites it 10× “The court reasoned that because Sims did not make the Jacobson group a party within six months of filing the lien, the group was not bound under Idaho Code section 45-510’s six-month statute of limitations for lien enforcement.”
Parkwest Homes v. Julie G. Barnson, 302 P.3d 18 (Idaho 2013). · cites it 10× “Idaho Code § 45-510 provides a court with jurisdiction to enforce a lien when a lien is filed and an action commenced within six months.”
Cather v. Kelso, 652 P.2d 188 (Idaho 1982). · cites it 18× “or summary judgment and his lien was challenged by respondent on two grounds: (1) that prior to providing the labor arid materials Kelso had not filed a certificate of assumed business name with the Boise County recorder and was therefore not entitled to maintain the action and…”
Cuevas v. Barraza, 198 P.3d 740 (Idaho Ct. App. 2008). · cites it 4× “" Cuevas' complaint alleged that, if the lien was a mechanics lien, the statute of limitation to file a foreclosure action on the lien had passed pursuant to I.C. § 45-510. The complaint further alleged that, if the lien was based upon a breach of contract action, the time to…”
First Am. Title Co. v. Design Builders, Inc. (In Re Design Builders, Inc.), 18 B.R. 392 (Bankr. D. Idaho 1981). · cites it 5× “The contested liens are thus perfected and valid as against the trustee under § 545 unless Idaho law requires an additional act for perfection, which would require the notice provided for in the second sentence of § 546(b).”
Frazee v. Frazee, 660 P.2d 928 (Idaho 1983). · cites it 4× “I.C. § 45-510. An exception is I.C. § 45-701, which gives a lien right to hospitals against injured persons' causes of action, which lien must be perfected by filing within 90 days after discharge of the patient from the hospital, I.”
Carol English v. James Taylor, D.O., 378 P.3d 1036 (Idaho 2016). · cites it 2× “Idaho Mutual, unlike a party that has not yet been joined, had notice of the substance of the proposed amendment before the six-month period expired under Idaho Code section 45-510. Id. at 400, 247 P.3d at 627 .”
In Re Rake, 363 B.R. 146 (Bankr. D. Idaho 2007). · cites it 2× “Idaho Code § 45-510 . Debtor’s claim of lien suffers multiple defects under this statutory framework.”
First Fed. Sav. Bank of Twin Falls v. Riedesel Eng'g, Inc., 301 P.3d 632 (Idaho 2012). · cites it 2× “The court held that: (a) the action to foreclose Claimant’s second lien was timely under Idaho Code section 45-510; (b) the priority date of Claimant’s second hen related back to when *629 it first began work on the development; and (c) Claimant’s second lien had priority over…”
Credit Bureau of Lewiston-Clarkston, Inc. v. Idaho First Nat'l Bank, 784 P.2d 885 (Idaho 1989). · cites it 12× “I.C. § 45-510 provides in pertinent part: 45-510.”
Show all 22 citing cases →
— Idaho Code § 45-510(1) — 1 case
Datum Constr., LLC v. Re Inv. Co. (Idaho 2023).
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