Colorado Notice To Extend Time to File Mechanics Lien
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When properly filed, the Notice to Extend Time to File Mechanics Lien form extends a claimant’s deadline to file a Colorado mechanics lien.
Claimants must file this notice to extend with the clerk in the Colorado county where the project is located. They must file the notice prior to the mechanics lien filing deadline.
The Colorado Notice to Extend lengthens the time in which a mechanics lien can be filed. After filing the notice, the new lien filing deadline will be 4 months after the project is completed, or 6 months after filing the extension of time – whichever occurs first.
This extension is likely not available on one or two-family residential projects.
Generally, the deadline for an unpaid contractor or supplier to file a mechanics lien in Colorado is 4 months after the date of last furnishing. Laborers who did not provide materials must file within 2 months of work completion. For a one or two-family home, the normal 4-month period in which a mechanics lien may be filed is shortened to 2 months if there is a bona fide purchaser of the dwelling.
This form meets the requirements found in the Colorado Revised Statutes.
Others are asking about Colorado Mechanics Lien
where can I get the statement of lien template for an individual?
A Colorado Statement of Mechanics Lien form can be found on the Levelset Colorado Payment Resources page. There are two forms, depending on whether your role on the projects was a direct/general contractor, or a subcontractor or supplier. Note though, a Notice of Intent to Lien (NOI) needs to be sent to the property owner and the GC at least 10 days prior to filing your claim. A Colorado NOI form can also be found on the CO resources page.
- If you plan on going it alone, this resource shoud be helpful: How to File a Colorado Mechanics Lien | A Step-by-Step Guide to Get Paid
- Or, you can send and file both of those documents directly through the Levelset platform
Good luck!
Can I include an additional 5% due upon completion if final walkthrough wasn't performed?
Generally speaking, a timing provision regarding final payment shouldn't block mechanics lien rights. Meaning, if you've fully completed work on the project, the full project price should be lienable - even if the timing of your payment wasn't supposed to happen until a final walk through occurred (particularly when the owner refuses to allow the walk through).
What's more, even if the owner took issue with a portion of the lien claim, keep in mind that Colorado mechanics liens can be amended as long as the filing deadline hasn't passed. So, if that 5% is the only point of contention on the lien, that part could plausibly be reduced by an amendment, and the claimant could seek to collect it some other way. But, still - including the full price on a lien where the work was fully performed is typically appropriate.
For further discussion on CO liens: Colorado Mechanics Lien Laws: Guide and FAQs.
Can a handyman file a lien after I paid him, fired him and he never finished the project?
Generally, mechanics lien rights are only available to the extent that work is provided but not paid for. So, if a claimant has received partial payment, or if they haven't performed the work their trying to charge for, that would affect the amounts they could potentially lien. And, if a contractor has already been paid more than what they're owed for the work already done, then any lien they file would likely end up being invalid and unenforceable.
Note, however, that they could still get their lien claim filed, even if it's flawed. Generally, county recorders aren't able to investigate mechanics lien claims - they're ultimately just there to make sure the document conforms with state and county requirements and to perform their recording duties. Meaning, even if a claimant's lien ends up being bogus, that lien could still be entered into the property record. Thus, it's usually a good idea to try and stop the claimant from pursuing the lien in the first place.
I think these articles will be useful for you: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now? And, if you think you might need a Colorado lawyer to help you to convince the claimant to stand down, you can find the right lawyer for the job here: Top Colorado Construction Lawyers.
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Other forms to use in Colorado
Colorado County Recorders
Looking to file/record a mechanics lien in Colorado? You'll need to get your Colorado mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Colorado. Click on any county to find more information about how to get your lien recorded in that county.
Adams
4430 S. Adams Parkway, Suite E2400
Brighton, CO 80601
Phone: 720-523-6020
Arapahoe
5334 S. Prince St.
Littleton, CO 80120
Phone: 303-795-4200
Fax: 303-794-4625
Baca
741 Main St
Springfield, Colorado 81073
Phone: (719) 523-4372
Boulder
1750 33rd Street, Suite 201
Boulder, CO 80301
Phone: 303-413-7770
Clear Creek
405 Argentine St.
Georgetown, Colorado 80444
Phone: 303-679-2340
Denver
201 W. Colfax Avenue, Dept. 101
Denver, CO 80202
Phone: 720-865-8400
Douglas
301 Wilcox St.
Castle Rock, CO 80104
Phone: (303) 660-7446
Fax: 303-814-2776
El Paso
1675 W Garden of the Gods
Colorado Springs, CO 80907
Phone: 719-520-6200
Fremont
615 Macon Ave. Room 102
Cañon City, Colorado 81212
Phone: (719) 276-7330
Jefferson
100 Jefferson County Parkway, Ste. 2560
Golden, CO 80419
Phone: 303-271-8121
Larimer
200 W. Oak Street, First Floor
Fort Collins, CO 80521
Phone: (970) 498-7860
Fax: (970) 498-7906
Moffat
221 W. Victory Way. Ste. 200
Craig, Colorado 81625
Phone: (970) 824-9119
Pueblo
215 W. 10th St Attn: Recording
Pueblo, CO 81003
Phone: (719) 583-6507
Fax: (719) 583-4894
Teller
101 W Bennett Ave
Cripple Creek, Colorado 80813
Phone: (719) 689-2951
Weld
1402 N. 17th Ave
PO Box 459
Greeley, CO 80632
Phone: (970) 304-6530
Fax: (970) 353-1964