Idaho Code

Idaho Code § 54-1218 (2026)

Public workS.

✓ current as of May 2026

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Public workS.

(1) It shall be unlawful for this state, or for any county, city, school district, irrigation district, drainage district, highway district, or other subdivision of the state having power to levy taxes or assessments against property situated therein, to engage in the construction of any public works when the public health or safety is involved unless the plans and specifications and estimates have been prepared by, and the construction reviewed by, a professional engineer.

(2) The provisions of this section shall not apply to public construction, reconstruction, maintenance and repair work that is governed by chapter 12, title 42, Idaho Code; or public work that is insignificant, that is projects of less than ten thousand dollars ($10,000) in total cost, performed by employees of the public agency and performed in accordance with standards for such work that have been certified by a professional engineer and duly adopted by the public agency’s governing body including, but not limited to, the Idaho standards for public works construction and any supplements thereto, and only if a professional engineer determines that such public construction, reconstruction, maintenance and repair work does not represent a material risk to public health or safety.

Notes of Decisions

Cited in 3 cases, 1969–2005 · leading case: Kolar v. Cassia Cnty. Idaho, 127 P.3d 962 (Idaho 2005).

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Kolar v. Cassia Cnty. Idaho, 127 P.3d 962 (Idaho 2005). · cites it 4× “He points us to I.C. § 54-1218, which requires highway districts to have their construction plans prepared by an independent professional engineer.”

Meade v. Freeman, 462 P.2d 54 (Idaho 1969). · cites it 6× “City of Lewiston, supra, this Court, without discussing whether or not faulty design of a traffic divider was a proximate cause of plaintiff's injuries, held it was negligence per se for defendant City to not employ a licensed engineer pursuant to I.C. § 54-1218. In Jorstad, the…”

Jorstad v. City of Lewiston, 456 P.2d 766 (Idaho 1969). · cites it 4× “In arguing that I.C. § 54-1218 is a fiscal statute, appellant overlooks I.”

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