Idaho  |  Construction Law

Legal Question

Asked on: 4/01/04, 10:26 am

How do I defend a wrongfully-filed lien?

I am coming to the close of a home construction project in Idaho. The builder and I are unable to reach resolution on the final amount due. In addition, I am not willing to make final payment to him until all outstanding items are completed on the house. It has been a very slow process - over three years, and I have no confidence he will finish the job unless I withhold money. I put money in an escrow account (at his request) for what I believe is due - approx $3700, with two time deadlines (built around completing various items) for him to meet in order to secure the money. He has refused to sign the escrow papers, and I expect his next move will be to file a lien for the amount he feels his due - approx $5300. IF he files a lien, what is my mechanism for defense? How do I go about proving my case if I feel it is a wrongfully-filed lien?

Thank you.

PS - My primary residence is in California, the house in question is a second property, in Idaho.

2 Answers


Answered on: 4/01/04, 5:23 pm by Gary Redenbacher

Re: How do I defend a wrongfully-filed lien?

Since the contract was performed in Idaho, Idaho law almost certainly applies. You need to consult with an Idaho lawyer.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Redenbacher & Brown, LLP PO Box 66134 Scotts Valley, CA 95067

Other answers from this attorney

Answered on: 4/01/04, 5:34 pm by Pamela Scholefield

Re: How do I defend a wrongfully-filed lien?

This is a question that should be addressed to an Idaho construction law attorney. The property is located Idaho and is subject to the laws of that state. Good luck.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Scholefield Construction Law 501 W. Broadway #1770 San Diego, CA 92101

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

209 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search