TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 5

LIENS OF MECHANICS AND MATERIALMEN

45-501.  Right to lien. Every person performing labor upon, or furnishing materials to be used in the construction, alteration or repair of any mining claim, building, wharf, bridge, ditch, dike, flume, tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic power, or any other structure, or who grades, fills in, levels, surfaces or otherwise improves any land, or who performs labor in any mine or mining claim, and every professional engineer or licensed surveyor under contract who prepares or furnishes designs, plans, plats, maps, specifications, drawings, surveys, estimates of cost, on-site observation or supervision, or who renders any other professional service whatsoever for which he is legally authorized to perform in connection with any land or building development or improvement, or to establish boundaries, has a lien upon the same for the work or labor done or professional services or materials furnished, whether done or furnished at the instance of the owner of the building or other improvement or his agent; and every contractor, subcontractor, architect, builder or any person having charge of any mining claim, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent of the owner for the purpose of this chapter: provided, that the lessee or lessees of any mining claim shall not be considered as the agent or agents of the owner under the provisions of this chapter.

For purposes of this chapter the term "furnishing material" shall also include, notwithstanding any other provision of law to the contrary, supplying, renting or leasing equipment, materials or fixtures as defined in section 28-12-309, Idaho Code.

"Furnishing material" shall also include renting, leasing or otherwise supplying any equipment, materials, fixtures or machinery to any mine or mining claim.

History:

[(45-501) 1893, p. 49, ch. 1, sec. 1; reen. 1899, p. 147, ch. 1, sec. 1; reen. R.C. & C.L., sec. 5110; C.S., sec. 7339; I.C.A., sec. 44-501; am. 1951, ch. 199, sec. 1, p. 422; am. 1971, ch. 91, sec. 1, p. 196; am. 1998, ch. 269, sec. 1, p. 898; am. 2001, ch. 152, sec. 1, p. 550.]