2002 Legislation
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SENATE BILL NO. 1377 – Liens, residential property/diclsrs

SENATE BILL NO. 1377

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S1377.......................................by COMMERCE AND HUMAN RESOURCES
LIENS - Amends and adds to existing law to require that copies of lien
claims be delivered or mailed within five business days after filing of
such lien claims; and to require that general contractors disclose certain
information to owners and purchasers of residential real property.
                                                                        
02/06    Senate intro - 1st rdg - to printing
02/07    Rpt prt - to Com/HuRes

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1377
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LIENS; AMENDING SECTION 45-507, IDAHO CODE, TO PROVIDE THAT A COPY
  3        OF A CLAIM OF LIEN SHALL BE PERSONALLY DELIVERED OR MAILED NO  LATER  THAN
  4        FIVE  BUSINESS  DAYS  FOLLOWING THE FILING OF SUCH CLAIM OF LIEN; AMENDING
  5        CHAPTER 5, TITLE 45, IDAHO CODE, BY THE ADDITION OF A NEW SECTION  45-525,
  6        IDAHO  CODE, TO REQUIRE THAT GENERAL CONTRACTORS DISCLOSE CERTAIN INFORMA-
  7        TION TO OWNERS AND PURCHASERS OF RESIDENTIAL REAL PROPERTY; AND  PROVIDING
  8        AN EFFECTIVE DATE.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  45-507, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        45-507.  CLAIM OF LIEN. (1) Any person claiming a  lien  pursuant  to  the
 13    provisions  of  this  chapter  must  file  a  claim for record with the county
 14    recorder for the county in which such property or some part thereof  is  situ-
 15    ated.
 16        (2)  The claim shall be filed within ninety (90) days after the completion
 17    of the labor or services, or furnishing of materials.
 18        (3)  The claim shall contain:
 19        (a)  A  statement of his demand, after deducting all just credits and off-
 20        sets;
 21        (b)  The name of the owner, or reputed owner, if known;
 22        (c)  The name of the person by whom he was employed or  to  whom  he  fur-
 23        nished the materials; and
 24        (d)  A description of the property to be charged with the lien, sufficient
 25        for identification.
 26        (4)  Such claim must be verified by the oath of the claimant, his agent or
 27    attorney, to the effect that the affiant believes the same to be just.
 28        (5)  A  true  and correct copy of the claim of lien shall be served on the
 29    owner or reputed owner of the property either by delivering a copy thereof  to
 30    the  owner  or reputed owner personally or by mailing a copy thereof by certi-
 31    fied mail to the owner or reputed owner at his last known address. Such deliv-
 32    ery or mailing shall be made no later than twenty-four five (245) hours  busi-
 33    ness days following the filing of said claim of lien.
                                                                        
 34        SECTION  2.  That  Chapter  5,  Title  45, Idaho Code, be, and the same is
 35    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 36    ignated as Section 45-525, Idaho Code, and to read as follows:
                                                                        
 37        45-525.  GENERAL  CONTRACTORS  -- RESIDENTIAL PROPERTY -- DISCLOSURES. (1)
 38    Legislative intent. This section is intended to protect owners and  purchasers
 39    of  residential  real  property  by requiring that general contractors provide
 40    adequate disclosure of potential liens.
 41        (2)  General contractor information. Prior to entering into  any  contract
                                                                        
                                           2
                                                                        
  1    in an amount exceeding two thousand dollars ($2,000) with a homeowner or resi-
  2    dential real property purchaser to construct, alter or repair any improvements
  3    on  residential  real  property, or with a residential real property purchaser
  4    for the purchase and sale of newly constructed property, the general  contrac-
  5    tor  shall  provide  to the homeowner a disclosure statement setting forth the
  6    information specified in this  subsection.  The  statement  shall  contain  an
  7    acknowledgment  of receipt to be executed by the homeowner or residential real
  8    property purchaser. The general  contractor shall retain proof of receipt  and
  9    shall  provide a copy to the homeowner or residential real property purchaser.
 10    The disclosure shall include the following:
 11        (a)  The homeowner or residential real property purchaser shall  have  the
 12        right at the reasonable expense of the homeowner or residential real prop-
 13        erty  purchaser to require that the general contractor obtain lien waivers
 14        from any subcontractors providing services or  materials  to  the  general
 15        contractor;
 16        (b)  The  homeowner  or residential real property purchaser shall have the
 17        right to receive from the general contractor proof that the  general  con-
 18        tractor has a general liability insurance policy including completed oper-
 19        ations  in  effect and proof that the general contractor has worker's com-
 20        pensation insurance for his employees as required by Idaho law;
 21        (c)  The  homeowner  or  residential  real  property  purchaser  shall  be
 22        informed of the opportunity to purchase an extended policy of title insur-
 23        ance covering certain unfiled or unrecorded liens; and
 24        (d)  The homeowner or residential real property purchaser shall  have  the
 25        right  to  require,  at  the  homeowner's  or  residential  real  property
 26        purchaser's  expense,  a  surety  bond in an amount up to the value of the
 27        construction project.
 28        (3)  Subcontractor, materialmen and rental equipment information.
 29        (a)  A general contractor shall provide to a prospective residential  real
 30        property  purchaser  or  homeowner  a  written disclosure statement, which
 31        shall be signed by the general contractor under oath, listing the business
 32        names, addresses and telephone numbers of all subcontractors,  materialmen
 33        and  rental  equipment  providers who have supplied materials or performed
 34        work on the residential property of a value in excess of five hundred dol-
 35        lars ($500). Such information shall be provided within a  reasonable  time
 36        prior to:
 37             (i)  The  closing on any purchase and sales agreement with a prospec-
 38             tive residential real property purchaser; or
 39             (ii)  The final payment to the general contractor by a  homeowner  or
 40             residential  real property purchaser for construction, alteration, or
 41             repair of any improvement of residential real property.
 42        (b)  All subcontractors, materialmen and rental equipment providers listed
 43        in the disclosure statement are authorized to disclose  balances  owed  to
 44        the  prospective  real property purchasers or homeowners and to the agents
 45        of such purchasers or homeowners.
 46        (c)  The general contractor shall not be liable for any error,  inaccuracy
 47        or  omission  of any information delivered pursuant to this section if the
 48        error, inaccuracy or omission was not within the personal knowledge of the
 49        general contractor and such error, inaccuracy or  omission  could  not  be
 50        discovered  by the general contractor by making reasonable inquiry to such
 51        general  contractor's subcontractors,  materialmen  and  rental  equipment
 52        providers.
 53        (4)  Failure  to  disclose.  Failure  to  provide  complete disclosures as
 54    required by this section to the  homeowner  or  prospective  residential  real
 55    property  purchaser shall constitute an unlawful and deceptive act or practice
                                                                        
                                           3
                                                                        
  1    in trade or commerce under the provisions of  the  Idaho  consumer  protection
  2    act, chapter 6, title 48, Idaho Code.
  3        (5)  Definitions. For purposes of this section:
  4        (a)  "General  contractor"  means a person who enters into an agreement in
  5        excess of two thousand dollars ($2,000) with:
  6             (i)   A homeowner or prospective residential real property  purchaser
  7             for  the construction, alteration or repair of residential real prop-
  8             erty; or
  9             (ii)  A  prospective residential real property purchaser for the pur-
 10             chase and sale of newly constructed property.
 11        The term "general contractor" does not include subcontractors, materialmen
 12        or rental equipment providers who do not have a direct  contractual  rela-
 13        tionship with the homeowner or residential real property purchaser.
 14        (b)  "Residential real property" shall include owner and nonowner occupied
 15        real  property  consisting of not less than one (1) nor more than four (4)
 16        dwelling units.
                                                                        
 17        SECTION 3.  This act shall be in full force and effect on and after  Janu-
 18    ary 1, 2003.

Statement of Purpose / Fiscal Impact


	             STATEMENT OF PURPOSE		
                            RS 11763


This legislation is designed to address issues relating to liens. 
First, the legislation will extend the time for delivery of a claim 
of lien to owners of property from 24 hours to five days. Second, 
the legislation requires a disclosure by general contractors to 
homeowners and residential real property purchasers of certain 
options that homeowners and residential real property purchasers 
may have when they are remodeling an existing home, building a 
custom-built home or buying a home from a general contractor. 
These options may help consumers avoid liens. Third, the 
legislation requires general contractors to provide the business 
names, addresses and telephone numbers of certain subcontractors, 
materialmen and rental equipment providers to the homeowners and 
residential real property purchasers within a reasonable time prior 
to the closing on any purchase and sale agreement with a prospective 
residential real property purchaser or prior to final payment to 
the general contractor by the homeowner or residential real 
property purchaser for construction, alteration, or repair of 
any improvement of residential real property. This information 
may also help consumers avoid liens. Failure to provide these 
disclosures shall constitute an unlawful and deceptive act or 
practice in trade or commerce under the provisions of the Idaho 
Consumer Protection Act.


                         FISCAL NOTE


There should be no fiscal impact resulting from this proposed 
legislation.


CONTACT:

Name:	Woody Richards
Organization:	Idaho Land Title Association
Phone:	385-5451



                                              S 1377