Commercial and Residential Construction in Washington and Idaho
Idaho is a “buyer beware” State, and Washington less so, but the use of legal counsel for out-of-area buyers and sellers is strongly recommended!
Residential Construction
Macomber Law, PLLC assists contractors and property owners with preparation and evaluation of residential building improvement contracts. Idaho law requires contractors bidding to do alteration, improvements, or repairs to a residential property be registered with the State of Idaho. The registration is a simple designation of name, address and telephone number, tax identification number, workers' compensation insurance coverage, the type of construction to be engaged in, and whether the applicant has ever been denied a contractor's license or had one revoked in another jurisdiction. (Idaho Code section 54-5210.)
Idaho contractor registration does not require the contractor prove he or she has any knowledge of their trade. Do not accept a "bid" from a contractor whose contract does not outline your contractual rights and obligations, and make sure all contracts and changes in work or materials are documented in writing and signed by both parties prior to the work being performed. If you lack personal knowledge of the person or lack an ongoing relationship with the person or entity you are doing business with, or unless you have become satisfied with their work and business practices through other people you trust, you are entirely at risk for the consequences under Idaho law.
North Idaho is economically dependent on construction for jobs and support of families. If your contractual relationships are not documented in writing and signed by the parties, the common law will award the innocent contractor whatever monies they spend for labor and materials under Idaho's mechanics' lien laws so that property owners are not "unjustly enriched." Forewarned is forearmed.
Pursuant to Idaho Code section 45-525(2), prior to entering into any contract in an amount exceeding two thousand dollars ($2,000) with a homeowner or residential real property purchaser to construct, alter or repair any improvements on residential real property, and prior to entering into any purchase and sale contract with a residential real property purchaser for a new home, the general contractor shall provide to the homeowner a disclosure statement setting forth certain information. Failure to provide complete disclosures as required by Idaho Code section 45-525(2) to the homeowner or prospective residential real property purchaser constitutes an unlawful and deceptive act or practice in trade or commerce under the provisions of the Idaho Consumer Protection Act, chapter 6, title 48, Idaho Code.
As our client, Macomber Law, PLLC can evaluate proposed contracts for you whether you are a homeowner or a contractor. Our goal is to ensure the parties use a balanced contract that protects the parties' rights and provides fair remedies for breaches of a party's obligations.
Commercial Construction Legal Information
Macomber Law, PLLC assists contractors and property owners with preparation and evaluation of commercial building contracts, including standard AIA (A-201) construction documents for either conventional or design-build projects, and evaluation or creation of supplementary contract conditions. The contractual needs of most area commercial building projects can be adequately met using the AIA Small Project family of documents, including the owner-contractor agreement, general conditions, and owner-architect documents.
Macomber Law, PLLC can alter these documents, or others you may find generally suitable, to meet the needs of your particular site or design conditions, working with architects, surveyors, and engineers as needed to bring your project to timely completion.
Contractors building or involved with public works projects must meet certain requirements that are more rigorous than those needed to be reached by residential or private commercial contractors.
In Idaho, "construction" means the performance of building, altering, repairing, adding to, subtracting from, improving, reconstructing, moving, excavating, wrecking or demolishing any building, highway, road, bridge, or other structure, project, development or improvement to real property, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. (Idaho Code section 54-5203(3).) Therefore, if you plan to have any of that type of work done, your relationship with Macomber Law, PLLC can ensure your rights are protected.