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Committee advances bill removing speedy-trial lien provision for certain plaintiffs in construction claims

2407860 · February 25, 2025
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Summary

Senate Bill 1005 would eliminate an older statutory provision letting certain plaintiffs file a lien against a bond and demand trial within 30 days; committee supported the change after industry testimony that the requirement can be difficult to meet in construction disputes.

The House Business Committee voted to send Senate Bill 1005 to the floor with a due-pass recommendation. The bill removes an older statutory provision that allowed certain plaintiffs to file a lien against a bond and demand a trial within 30 days, a requirement that witnesses said can be difficult to satisfy in modern construction litigation.

Representative Brent Crane, who presented the bill, said the substantive change is concentrated in one section of the statute and is intended to remove an outdated mechanism that can force expedited trials in construction disputes. "What we're intending to do is remove an outdated provision that allows certain plaintiffs to file a lien against a bond and demand a trial within 30 days," Crane said.

Sean Shupak of the Idaho Associated General Contractors testified in support and told the committee that the association thoroughly vetted the proposal among member firms and encouraged a due-pass recommendation. "Our association is made up of over 750 construction companies located all throughout the state of Idaho," Shupak said. "I would encourage your due pass recommendation."

Representative Harris moved to send the bill to the floor with a due-pass recommendation; the committee approved by voice vote. No opposing public testimony was taken during the hearing.

Supporters characterized the bill as a targeted fix to reduce procedural burdens on construction claims and to prevent courts from being compelled into expedited trials by a statutory demand.