{"id":903238,"date":"2024-09-03T15:52:26","date_gmt":"2024-09-03T21:52:26","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=903238"},"modified":"2024-09-03T15:52:29","modified_gmt":"2024-09-03T21:52:29","slug":"mechanics-liens-three-key-steps-colorado","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/mechanics-liens-three-key-steps-colorado\/","title":{"rendered":"Colorado Mechanic’s Liens \u2013 Three Key Steps"},"content":{"rendered":"\n

Laura Martinez | Fairfield & Woods<\/a><\/p>\n\n\n\n

In construction projects, non-payment issues often arise. Mechanic\u2019s liens are filed on the property where the work was performed and are an important tool for construction professionals and material suppliers to obtain payment. \u00a0

However, because the statutory requirements for mechanic\u2019s liens<\/a> are strictly enforced it is critical that the requirements are followed. Here is a summary of the steps that must be followed:\u00a0<\/p>\n\n\n\n

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  1. Notice of Intent to File a Mechanic\u2019s Lien:  The first step in filing a mechanic\u2019s lien is notifying the owner(s) of the property and the principal contractor that you intend to file a mechanic\u2019s lien (\u201cNotice\u201d). The Notice must be delivered by personal service or by registered or certified mail, with return receipt requested. You must mail this notice within ten (10) days of recording the mechanic\u2019s lien. 
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  2. Record your Lien: Ten days after you have mailed your Notice, you can record the mechanic\u2019s lien with the office of the clerk and recorder where the property is located (the \u201cLien Statement\u201d). The Lien Statement must be signed and sworn by the claimant to the best of the claimant\u2019s knowledge, information, and belief. The Lien Statement must include: (a) the name of the lien claimant; (b) the owner or reputed owner if known, if unknown a statement stating such; (c) a description of the lien claimant\u2019s role (contractor, subcontractor, etc); (d) the name of the principal contractor, if known, if unknown a statement stating such; (e) the amount due and owing the claimant (be aware, if a Lien Statement is filed for a larger sum than is actually owed, the entire lien is invalid).  

    The Lien Statement must be recorded along with affidavits of service of the Notice and Lien Statement. Generally, you must record the Lien Statement within 4 months of ending your work (or delivering your materials). However, day laborers who only supply labor to the job site have a 2-month deadline to record the Lien Statement.  
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  3. File a Lien Foreclosure Action: Your next step is filing a court action (a Complaint) to \u201cforeclose\u201d on the lien. The deadlines for filing the court action are: <\/li>\n<\/ol>\n\n\n\n