Legal Question in Construction Law in Idaho

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.

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

2 Answers from Attorneys

Gary Redenbacher Redenbacher & Brown, LLP

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.

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Answered on 4/01/04, 5:23 pm

Pamela Scholefield Scholefield Construction Law

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.

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Answered on 4/01/04, 5:34 pm

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