Meeting your deadlines are crucial to securing your lien rights. Any misstep in sending notices, filing a claim, or meeting your enforcement deadlines can result in the loss of lien rights. In Colorado, the window to file a mechanics lien is relatively short, compared to other states. But Colorado is one of the few states whose lien laws allow a claimant to extend their lien deadline. It’s known as filing a Colorado Notice Extending Time to File Lien Statement.
Colorado lien filing deadline
The deadline to file a Colorado mechanics lien can vary depending on a few different factors.
The general rule is that a claimant in Colorado must file a lien within 4 months after the last day the claimant furnished labor and materials to the project.
If a CO claimant only provided labor (and no materials) to the project, however, their lien deadline is shortened to just 2 months from the last date of furnishing.
In addition to these deadlines, there’s a catch when dealing with single and double family residential properties. In order to secure the priority of your lien claim over a subsequent bona fide purchaser, the claim should be filed within 2 months from the completion of the entire project.
But what if you miss the deadline is coming up and you’re not quite ready to file? Unfortunately, this is a pretty common mistake made by lien claimants. But if you’re working in the state of Colorado, there’s one option.
What Do I Do If I Miss a Mechanics Lien Deadline?
Extending the time to file a lien in Colorado
Under Colorado mechanics lien laws, a lien claimant can file a Notice of Extending the Time to File a Lien.
This long-winded document does one specific thing.
You guessed it! It extends the time period to file a lien claim.
Free Form Download: Colorado Notice of Extension of Time to File Lien Statement
Contents of the notice
In order to validly extend your lien filing deadline, there are still requirements that must be met. The document itself needs to include all of the required information to be recorded under C.R.S. §38-22-109(10). This includes:
- A legal property description of the property being improved
- The name of the person who hired the claimant and their contact information
- The lien claimant’s name, address, and telephone number
Filing the extension notice
Once properly filled out, this form is filed with the office of the county clerk where the property being improved is located. A full list of Colorado county recorders’ offices can be found here. Once filed, the deadline to file a Colorado mechanics lien will be extended either:
- 4 months after completion of the project
- 6 months after the filing of the notice
Whichever is earliest. A mechanics lien claim must be filed within the extended deadline. Otherwise, the claimant will lose their right to file.
However, if the construction project hasn’t been completed yet, the claimant may still file a new or amended Colorado Notice to Extend Time to File Lien within the extended time frame. Doing so can extend the deadline by another 4-6 months (depending on the circumstances).
In any case, this is an important tool for contractors in Colorado who might have their backs up against the lien deadline. However, it’s never a good idea to wait until the last minute before your mechanics lien deadline. If payment still isn’t made after a CO Notice of Intent to File a Lien Statement has been sent, be sure to secure your lien rights as soon as practicable. The timing of the notice of intent to lien and actually filing the statement of lien can get tricky in Colorado, be sure to plan ahead.
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