Idaho Code
Idaho Code

Idaho Code § 45-512 (2026)

Judgment to declare priority. 

✓ current as of May 2026
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Judgment to declare priority. 

In every case in which different liens are asserted against any property, the court in the judgment must declare the rank of each lien or class of liens which shall be in the following order:

1.  All laborers, other than contractors or subcontractors.
2.  All materialmen including persons furnishing, renting or leasing equipment, materials or fixtures as defined in section 28-12-309, Idaho Code, other than contractors or subcontractors.
3.  Subcontractors.
4.  The original contractor.
5.  All professional engineers and licensed surveyors.
And in case the proceeds of sale under this chapter shall be insufficient to pay all lienholders under it:
1.  The liens of all laborers, other than the original contractor and subcontractor, shall first be paid in full, or pro rata if the proceeds be insufficient to pay them in full.
2.  The lien of materialmen including persons furnishing, renting or leasing equipment, materials or fixtures as defined in section 28-12-309, Idaho Code, other than the original contractor or subcontractor, shall be paid in full, or pro rata if the proceeds be insufficient to pay them in full.
3.  Out of the remainder, if any, the subcontractors shall be paid in full, or pro rata if the remainder be insufficient to pay them in full, and the remainder, if any, shall be paid pro rata to the original contractor and the professional engineers and licensed surveyors; and each claimant shall be entitled to execution for any balance due him after such distribution; such execution to be issued by the clerk of the court upon demand, at the return of the sheriff or other officer making the sale, showing such balance due.
Notes of Decisions
Cited in 5 cases, 1972–2005 · 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 14× “Thus, following remand, the district court had a statutory duty to establish both the mechanics lien priorities and the mortgage lien priorities.”
Pierson v. Sewell, 539 P.2d 590 (Idaho 1975). · cites it 20× “Eastern Idaho Packing Corporation, [18] the relevant provisions of I.C. § 45-512 [19] were interpreted as allowing a lien claimant to treat that portion of the claim which remains unsatisfied after distribution of the proceeds of the foreclosure sale as a personal judgment…”
Ultrawall, Inc. v. Washington Mut. Bank, 25 P.3d 855 (Idaho 2001). · cites it 8× “Then, if the value of the project is insufficient to pay all the lien claimants, those claimants are paid according to their rank under I.C. § 45-512. 2 Thus, either all of the lien claimants are paid ahead of the construction lender, or none are, depending on whether the…”
Weber v. E. Idaho Packing Corp., 496 P.2d 693 (Idaho 1972). · cites it 2× “Out of the remainder, if any, the subcontractors shall be paid in full, or pro rata if the remainder be insufficient to pay them in full, and the remainder, if any, shall be paid to the original contractor ; and each claimant shall be entitled to execution for any balance due…”
In re Thames, 349 B.R. 659 (Bankr. D. Idaho 2005). · cites it 4× “The determination of the lien’s priority is required in a mechanic's lien foreclosure action by Idaho Code § 45-512 . Where differ *667 ent liens for the recovery of labor and materials are asserted against real property, the judgment must declare the rank of each lien, with the…”
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