We placed a lien on a property we worked on recently due to lack of payment. The customer has now served us, claiming we may be violating Idaho code 45-525. If this is required, we may just be doing that as I never completed this form. We did file a notice of lien.
The Idaho Supreme Court has not resolved this issue. Nonetheless, failure to provide the contractor disclosures should not invalidate your lien. The statute provides a specific remedy (i.e., the failure to provide the notices may constitute a breach of the Consumer Protection Act). It does not state or imply that a contractor will lose their lien rights if they fail to comply. Moving forward you should definitely start providing the disclosures for every residential project.
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