Denial of lien rights.
A contractor who is not registered as set forth in this chapter, unless otherwise exempt, shall be denied and shall be deemed to have conclusively waived any right to place a lien upon real property as provided for in chapter 5, title 45, Idaho Code. This section shall not operate as a denial of lien rights for any subcontractor or independent contractor who is duly registered in accordance with this chapter and who is performing services at the direction of another contractor, nor shall it operate as a denial of lien rights for any employee of any contractor who is not duly registered, or for any supplier of materials to such unregistered contractor, so long as such subcontractor, independent contractor, employee or supplier did not have actual knowledge that such contractor was not duly registered, or who reasonably believed that such contractor was duly registered.
Notes of Decisions
Stonebrook Constraction, LLC v. Chase Home Fin., LLC, 277 P.3d 374 (Idaho 2012).
· cites it 10× “Idaho Code § 54-5208 states, in relevant part: "A contractor who is not registered as set forth in this chapter, unless otherwise exempt, shall be denied and shall be deemed to have conclusively waived any right to place a lien upon real property as provided for in chapter 5,…”
AED, Inc. v. KDC Investments, LLC, 307 P.3d 176 (Idaho 2013).
· cites it 2× “” I.C. § 54-5208. Additionally, the ICRA expressly limits an unregistered contractor’s ability to enforce contracts: No person engaged in the business or acting in the capacity of a contractor, unless otherwise exempt, may bring or maintain any action in any court of this state…”
Parkwest Homes, LLC v. Barnson / Mortg. Elec. Reg. Sys., Inc., 238 P.3d 203 (Idaho 2010).
· cites it 4× “Citing Idaho Code § 54-5208 , MERS agrees. That statute states, insofar as is relevant, “A contractor who is not registered as set forth in this chapter, unless otherwise exempt, shall be denied and shall be deemed to have conclusively waived any right to place a lien upon real…”
Genho v. Riverdale Hot Springs, LLC, 560 P.3d 1041 (Idaho 2024).
· cites it 6× “§ 54-5208. Most relevant for this appeal, ICRA provides civil penalties for failure to register as a contractor under the Act: (2) No person engaged in the business or acting in the capacity of a contractor, unless otherwise exempt, may bring or maintain any action in any court…”
Genho v. Riverdale Hot Springs, LLC, No. 50294 (Idaho Dec. 10, 2024).
· cites it 6× “§ 54-5208. Most relevant for this appeal, ICRA provides civil penalties for failure to register as a contractor under the Act: (2) No person engaged in the business or acting in the capacity of a contractor, unless otherwise exempt, may bring or maintain any action in any court…”
Best View Constr. & Dev., LLC, No. 20-00674 (Bankr. D. Idaho Apr. 15, 2022).
· cites it 5× “Idaho Code § 54-5208 further provides: “A contractor who is not registered as set forth in this chapter, unless otherwise exempt, shall be denied and shall be deemed to have conclusively waived any right to place a lien upon real property as provided for in chapter 5, title 45,…”
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