Under Idaho Code § 45-205, the general contractor must pay subcontractors within 7 days after receiving payment from the owner, and if the owner does not pay within 14 days of the invoice, the sub may issue a written demand, after which 1.5% monthly interest and attorney fees are available. Your subcontract should mirror these statutory deadlines so that late payments automatically trigger the statutory interest and remedies without negotiation.

Idaho does not cap retainage by statute on private construction; retainage is a matter of negotiation. Your agreement should specify the exact retainage percentage, the release schedule (typically at substantial completion and final completion), and payment of statutory interest on withheld retainage.

While Idaho has not enacted a blanket statutory ban on pay-if-paid clauses, courts and statutes in most states treat "pay-when-paid" as a reasonable timing provision rather than an absolute condition. Check Idaho Code Title 45, Chapter 2 (Idaho Lien Law) and Prompt Payment provisions in Idaho Code Title 45, Chapter 2, Part 5 (§§ 45-205 et seq.) for specific restrictions, and make sure your subcontract states that payment from the owner is not an absolute condition precedent to your right to be paid.

Idaho does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Conditional waivers are best practice until payment clears to preserve lien rights under Idaho Code Title 45, Chapter 2. Never sign an unconditional waiver until payment has actually cleared your bank account, and make sure your waiver identifies the specific billing period and amounts to avoid losing lien rights on future work.

Idaho does not have a specific anti-indemnification statute for construction contracts; broad-form indemnity is generally enforceable if clearly worded. Subcontractors should negotiate express limits. Always read the indemnification clause carefully — even in states with anti-indemnity statutes, "broad form" indemnity for joint negligence is typically still enforceable.

Idaho requires recording a lien within 90 days after the last day labor or materials were furnished, followed by a lawsuit to foreclose within 6 months of recording. Idaho does not require a statutory preliminary notice for private projects; best practice is a voluntary Notice of Intent to Lien sent promptly after first furnishing labor or materials. Send statutory notices by certified mail or another trackable method, keep copies of everything, and calendar the deadlines immediately upon each project’s completion.