US Laws, Codes, Statutes & Cases

                                  TITLE  45
                         LIENS, MORTGAGES AND PLEDGES
                                  CHAPTER 5
                      LIENS OF MECHANICS AND MATERIALMEN
    45-512.  JUDGMENT TO DECLARE PRIORITY. In every case in which different
liens are asserted against any property, the court in the judgment must
declare the rank of each lien or class of liens which shall be in the
following order:
    1.  All laborers, other than contractors or subcontractors.
    2.  All materialmen including persons furnishing, renting or leasing
equipment, materials or fixtures as defined in section 28-12-309, Idaho Code,
other than contractors or subcontractors.
    3.  Subcontractors.
    4.  The original contractor.
    5.  All professional engineers and licensed surveyors.
    And in case the proceeds of sale under this chapter shall be insufficient
to pay all lienholders under it:
    1.  The liens of all laborers, other than the original contractor and
subcontractor, shall first be paid in full, or pro rata if the proceeds be
insufficient to pay them in full.
    2.  The lien of materialmen including persons furnishing, renting or
leasing equipment, materials or fixtures as defined in section 28-12-309,
Idaho Code, other than the original contractor or subcontractor, shall be paid
in full, or pro rata if the proceeds be insufficient to pay them in full.
    3.  Out of the remainder, if any, the subcontractors shall be paid in
full, or pro rata if the remainder be insufficient to pay them in full, and
the remainder, if any, shall be paid pro rata to the original contractor and
the professional engineers and licensed surveyors; and each claimant shall be
entitled to execution for any balance due him after such distribution; such
execution to be issued by the clerk of the court upon demand, at the return of
the sheriff  or other officer making the sale, showing such balance due.