Construction law in Idaho is very clear when it comes to payment issues. This is because these sorts of issues are commonplace. As a result, laws have been crafted to deal with them. Many contractors make use of mechanics’ liens to help avoid this issue. However, there are many mistakes that can be made if you aren’t careful.
Filing when you don’t have the right to
One of the biggest errors you can make in the realm of commercial construction law is to file a mechanics’ lien when you don’t actually have the right to do so. This may be because you don’t have the necessary license that affords you this right. It may also be because you failed to meet the minimum preliminary notice requirements.
Using information that is incorrect or incomplete
You may also find yourself filing a mechanics’ lien that gets rejected due to incompleteness. You may have neglected to provide all of the necessary information. You may have provided a description of labor and materials that authorities regard as too sketchy or grossly inaccurate.
There are other errors that can cause your filing to be rejected. You may have provided an incorrect property description. It may also be that you have exaggerated the total amount of your lien claim. If this is the case, your filing will be rejected. You will then have the choice to refile or pursue some other avenue of redress.
Missing the deadline by filing too late
Another common mistake that lien filers make is taking too long to do so. It will be up to you to make sure that the notice is filed in a timely manner. You are also required to file a notice of intent before submitting your lien.
