Idaho Construction Lien Lawyers
The construction lawyers at McConnell Wagner Sykes + Stacey, PLLC have more than 80 years of combined experience handling construction liens and other construction litigation matters. Our attorneys have prepared hundreds of liens to secure amounts owed to clients. Construction liens are also sometimes referred to as “mechanic’s liens” or “materialmen’s liens.”
Most people aren’t aware that the right to lien is a constitutional right in Idaho. The Idaho State Constitution requires the State Legislature to create and maintain a statutory framework granting companies and individuals who perform work on private construction projects the right to lien property to secure amounts owed for their work. This statutory framework includes several deadlines and procedures that must be strictly complied with. Our construction lien lawyers understand Idaho’s Lien Statutes and can help you to meet these deadlines and to navigate the procedural pitfalls.
Having a construction lien attorney prepare and record a construction lien can be an effective means of debt collection. If you have performed the work required under your contract and you have not received payment, we at McConnell Wagner Sykes + Stacey PLLC are prepared to discuss your lien rights with you. It is important to act quickly, however; A construction lien must be recorded within 90 days of the last day that you performed contract work or supplied materials incorporated into the project. A lawsuit must then be filed within 180 days of the date your lien is recorded.
Who is entitled to file a construction lien in Idaho?
Many construction industry businesses can file construction liens, including general contractors, subcontractors, construction managers, suppliers of building materials, engineers and land surveyors. A broad range of work can form the basis of a construction lien, including:
- General construction
- Excavation, grading or dirt work
- Remodeling and repairs
- Tenant improvements
- Heating, ventilation and
- Air-conditioning (HVAC)
- Siding or stucco
- Finish work
The construction lien attorneys at MWSS+ will work with you to make sure you have a valid lien claim; help you prepare and record your lien claim; and, if necessary, help you prosecute your lien claim to recover payment. We also defend owners and general contractors against invalid lien claims.
Idaho Construction Bond Claim Lawyers
Construction businesses cannot record construction liens on state and federal public works projects. Nonetheless, public works contractors, subcontractors, suppliers, laborers and other construction professionals are entitled to be paid for their work. Likewise, property owners are entitled to performance by the professionals they hire. The bond claim attorneys at MWSS+ have extensive experience representing parties involved in the prosecution and defense of payment bond and performance bond claims. Such representation includes asserting payment bond claims under the Federal Miller Act as well as claims under Idaho’s “Little Miller Act” statutes. We also handle surety issues on behalf of both general contractors and sureties.
Payment and/or performance bonds can also be contractually required. In those cases, bond rights are determined by the terms of the bonds that are provided.
Having a bond claim lawyer prepare and file a payment bond claim can be an effective means of debt collection on a public works job or a project with a contractually required bond. If you have performed the work required under your contract and you have not received payment, the lawyers at McConnell Wagner Sykes + Stacey PLLC are prepared to discuss your payment bond rights with you. It is important to act quickly, however; Payment bond claims sometimes must be recorded within 90 days of the last day that you performed contract work or supplied materials incorporated into the project. A lawsuit must also be filed within one year thereafter.
Having a bond claim attorney prepare and file a performance bond claim can be an effective way for project owners to obtain project completion in the event of contractor default, termination or bankruptcy. If you are dealing with a defaulted, terminated or bankrupt contractor, the attorneys at MWSS+ are prepared to discuss your performance bond rights with you.
The lawyers at MWSS+ provide consultations for any legal issue that you need assistance with.