Construction Contractors – Are you registered in Idaho? -by Jon T. Simmons-

If you are performing work in Idaho as a construction contractor, you might be tempted to think that registration is a technicality that can be easily remedied if a problem were to arise in the future. Do not fall into that trap.

In the Idaho Contractors Registration Act (Idaho Code § 54-5201, et seq.), the Idaho Legislature declared that the practice of construction in Idaho affects the public health, safety and welfare of Idaho citizens, and that it is in the public interest to provide a mechanism to remove incompetent, dishonest or unprincipled practitioners of the business of construction.  That mechanism is registration.  Idaho Code § 54-5202.

In furtherance of the foregoing public policy, Idaho Code § 54-5217 provides criminal penalties for failure to register. It also provides some rather significant practical civil consequences.  Unless an exemption applies, alleging and proving you are a “duly registered contractor” is a mandatory precondition for a contractor to bring or maintain a lawsuit in Idaho for the collection of compensation for the performance of any act or contract for which such registration is required.

In addition, Idaho Code § 54-5208 provides that an unregistered contractor, unless otherwise exempt, shall be denied any right to place a lien upon real property. In short, without proper registration, a contractor may be precluded from recovering for work performed.

If you have any questions about registration under the Idaho Contractors Registration Act, or any questions concerning construction law in general, Evans Keane can help. Evans Keane attorneys have significant experience in the area of construction law and construction defect litigation. Please give us a call.