Skip to main content

Straight answers
from experts in
the industry

No legal jargon. No filler. Just the answers construction professionals need. 

No legal jargon. No filler. Just the answers construction professionals need. 

Frequently Asked Questions

GENERAL

What kind of companies do you represent?

Level works with general contractors, subcontractors, material suppliers, and construction-adjacent businesses. If you’re building, bidding, supplying, or navigating project risk in Idaho, we’re built just for you.

How is Level different from other law firms?

We focus exclusively on construction law; no scattershot practice areas. You work directly with construction law veterans. We keep things efficient, cost-aware, and focused on outcomes, not hours.

LITIGATION

What happens if I get sued?

First, don’t panic. We’ll assess the complaint, review your contract and coverage, and quickly lay out the next steps. Depending on the claim, we’ll file a response and either negotiate a resolution or prepare for discovery and court. Timing is critical, so don’t wait to call.

How long does litigation usually take?

It can take anywhere from a few months to a few years. Simple disputes may be resolved quickly through demand letters or mediation. Complex defect cases with multiple parties can take over 18 months to go to trial.

Will I have to go to court?

Not always. Most construction disputes settle before trial. Many construction contracts contain arbitration clauses. But if we do go to court, we’ll prep you thoroughly so there are no surprises.

What is construction defect litigation?

It’s a lawsuit over faulty design, materials, or workmanship that causes damage or loss. Claims can involve builders, subs, suppliers, or designers and often spark insurance fights. These cases are technical and require deep construction knowledge to handle correctly.

LIEN SERVICES

What does it cost to record a lien?

Level charges a flat fee for liens. Our fee includes the legal work, notary, and recorder’s fees. It’s a small cost compared to the leverage it creates if you’re owed money.

What are lien rights?

Lien rights are created by statute and give contractors, subs, and suppliers the ability to attach a claim for payment to the property where they furnished labor or materials. If you’re not paid, you can leverage a lien to protect your right to get compensated.

Can a lien force foreclosure?

Yes. If unpaid, a valid lien can lead to a foreclosure action, forcing the sale of the property to pay the debt. Most owners settle before it gets there, but the lien gives you serious leverage.

What’s a mechanic’s or materialman’s lien?

In Idaho, “Liens of Mechanics and Materialman” are authorized by statute, Idaho Code Sections 45-501 through 45-525. In specific circumstances, a supplier of labor or materials used in a construction project has the right to record a lien on the property to secure payment. If you supplied labor or goods and didn’t get paid, this lien helps you claim your part of the project’s value.

Can my lien be placed on an LLC?

No. Not in this context. A claim of lien attaches to the real property itself, not the ownership entity. If an LLC owns the property, the lien still applies regardless of who owns the property. Enforcement (like a foreclosure) will affect an LLC’s interest in the property.

How do I record a lien?

Idaho Code 45-507 articulates the requirements for a claim of lien. Generally, you prepare a claim of lien that includes job details, amounts owed, and a legal property description. It must be signed, notarized, and recorded with the county where the property is located, within 90 days of completion of labor or furnishing of materials. We’ll help you get going; just give us a call.

What’s the deadline for recording in Idaho?

You have 90 days from your last day on the job (or last delivery of materials) to record your lien. The deadline is not extended if you return to the project for punch list or remediation work. This is often overlooked when calculating the deadline.

What if I missed the 90-day window?

You can’t record a valid lien, but you may still have other legal options, like a breach of contract claim. Call us fast; the sooner we know, the more options we may have.

Can you help with liens in other states?

Yes. While we only litigate in Idaho, we assist Idaho-based clients with pre-lien notices and lien filings in several other states. If enforcement is needed, we’ll coordinate with trusted local counsel.

CONTRACT MANAGEMENT

How does contract review work?

Level has an efficient workflow to review your construction contracts before you sign them. Generally, a contract is reviewed for compliance with industry standards and specifications from the client. Revisions are made as needed and transmitted to the parties for acceptance. Contract management and Level guidance are available to put you on level with your peers in the industry.

Why is contract review important?

Because construction contracts define payment terms, scope, risk, and dispute processes. A bad contract can cost you the profit on the job—or your entire business. Smart contract review ensures language to prevent misunderstandings and protect your legal footing when things go wrong. Your counterparts are using attorneys to draft their contracts; you should, too.

Should I have a subcontract reviewed?

Absolutely. Many contain harsh terms that limit your rights, shift liability, or delay payment. A fast up-front review can save you thousands later. You won’t have to guess what it’s going to cost. Level offers flat-fee contract review services based on your needs.

Can a verbal agreement hold up in court?

Sometimes. Although some contracts must be in writing. Without written terms, enforcement can become a “he said, she said” battleground. Our take is that you should always have a written contract before performing any construction work.

FEES AND ENGAGEMENT

Do you bill hourly or by a flat fee?

Both. Most prelitigation services, like lien recording, contract review, and Level guidance are flat-fee. There isn’t a one-size-fits-all, but we’ll gladly put together a clear scope and cost of our services during a free consultation. For litigation matters, we charge hourly. We’re transparent with a detailed litigation budget. Before we start, you’ll always know our fees, scope, and what’s included.

Who will I work with?

You’ll work directly with an experienced construction law attorney, who will handle your case and communications, start to finish.

Should I have a subcontract reviewed?

Absolutely. Many contain harsh terms that limit your rights, shift liability, or delay payment. A fast up-front review can save you thousands later. You won’t have to guess what it’s going to cost. Level offers flat-fee contract review services based on your needs.

Can a verbal agreement hold up in court?

Sometimes. Although some contracts must be in writing. Without written terms, enforcement can become a “he said, she said” battleground. Our take is that you should always have a written contract before performing any construction work.

Still have questions?

Let's Talk