Home>Levelset Community>Legal Help>I would like to bond off a frivolous mechanics lien until I have the time to file a complaint for slander of title. Do you help with bonding off a mechanics lien?

I would like to bond off a frivolous mechanics lien until I have the time to file a complaint for slander of title. Do you help with bonding off a mechanics lien?

I am a GC and a subcontractor was paid in full and signed a lien waiver release but it was not notorized. We paid him and now when we are trying to close out the project we found that he filed 2 frivolous mechanics liens and we don't have time to fight about it and surely will not agree to pay the subcontractor for false claims.

1 reply

Mar 10, 2020

Idaho is not one of the 12 states with statutory lien waiver forms, so parties on a construction projects in that state are able to use any waiver template or form that they agree to use. And, more specifically and restrictively, only three states (Texas, Mississippi, and Wyoming) require notarization of lien waivers. This means that a notary is not required for a lien waiver in Idaho to be valid. However, to the extent that a lien is filed despite prior waiving of such rights, a lien in Idaho may be removed through posting a surety bond. This process is governed by Idaho Code § 45-519 through 524. In order to release the lien, a petition must be filed in the district court of the county wherein the property is located and it must contain certain information.

The title of the cause - “In the matter of the petition of……………………. (name of petitioner) for release of mechanic’s lien of……………………. (name of mechanic’s lien claimant) upon posting surety bond.”
An allegation of the purchase of and payment of the premium for the bond, and the dates of purchase and payment.
An allegation incorporating by reference a true copy of the bond, which copy must be attached to the petition.
The name or names of the owner or reputed owners of the land subject to the lien.
A description of the real property subject to the lien, and the instrument number of the lien as given by the recorder’s office.
A prayer for an order releasing the lien.

There are additional requirements related to the posting of the bond and filing of the petition in order to have the lien released. Levelset does not assist with filing petitions in court or the posting of a bond to release a lien. It is likely an attorney should (or must) be obtained to assist with the filing and process. Some Idaho attorneys can be found here, or through the Idaho Bar website's "Find an Attorney" service.

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