TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 5

LIENS OF MECHANICS AND MATERIALMEN

45-512.  Judgment to declare priority. In every case in which different liens are asserted against any property, the court in the judgment must declare the rank of each lien or class of liens which shall be in the following order:

1.  All laborers, other than contractors or subcontractors.

2.  All materialmen including persons furnishing, renting or leasing equipment, materials or fixtures as defined in section 28-12-309, Idaho Code, other than contractors or subcontractors.

3.  Subcontractors.

4.  The original contractor.

5.  All professional engineers and licensed surveyors.

And in case the proceeds of sale under this chapter shall be insufficient to pay all lienholders under it:

1.  The liens of all laborers, other than the original contractor and subcontractor, shall first be paid in full, or pro rata if the proceeds be insufficient to pay them in full.

2.  The lien of materialmen including persons furnishing, renting or leasing equipment, materials or fixtures as defined in section 28-12-309, Idaho Code, other than the original contractor or subcontractor, shall be paid in full, or pro rata if the proceeds be insufficient to pay them in full.

3.  Out of the remainder, if any, the subcontractors shall be paid in full, or pro rata if the remainder be insufficient to pay them in full, and the remainder, if any, shall be paid pro rata to the original contractor and the professional engineers and licensed surveyors; and each claimant shall be entitled to execution for any balance due him after such distribution; such execution to be issued by the clerk of the court upon demand, at the return of the sheriff or other officer making the sale, showing such balance due.

History:

[(45-512) 1893, p. 49, ch. 1, sec. 11; reen. 1899, p. 147, ch. 1, sec. 11; reen. R.C. & C.L., sec. 5120; C.S., sec. 7351; I.C.A., sec. 44-512; am. 1971, ch. 91, sec. 6, p. 196; am. 2001, ch. 152, sec. 6, p. 552.]