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Can a Lien be filed or is it too late?

ColoradoMechanics Lien

I talked with a Civil Engineer Firm in Colorado Springs this past April about a commercial project we are interested in doing. They quoted me $27,000 to $30,000 to do the complete Civil Engineering. They said as part of that cost they would do the conceptual part by the hour. We said to proceed, they racked up $4500 of conceptual time and then changed their bid to between $42,000 up to $73,000. The last time they did anything was in July 2019. I have emailed them and talked with them about how they have misled, misrepresented, and actually lied to me. I have paid them $1,000 but I think they need to discount the remaining $3500 since the only reason we had them do the conceptual was because of their original verbal quote. We are not even using the conceptual as we have had to hire an other firm to do everything. They are now threatening to lien the property. What is your advice? Thank you, Brooks

1 reply

Nov 26, 2019
On commercial projects in Colorado, architects, engineers, draftsmen and artisans are allowed to file mechanics liens to secure the amount due for labor performed. However, unlike some other states, like California, that specify different and additional lien rights for "design professionals" Colorado doesn't do so. Accordingly, the lien protection available to engineers is through a mechanics lien, and all statutory requirements with respect to mechanics lien claims apply. In Colorado, all lien claimants must provide a formal Notice of Intent to Lien at least 10 days prior to filing a lien claim itself. Failure to provide this notice is fatal to a subsequent lien claim. Further, a mechanics lien in Colorado must be filed within 4 months of last delivering labor or materials to the project - but this deadline is shortened to 2 months if only labor was provided. Besides the timing requirements, there are also specific formal requirements that must be met in the event a mechanics lien is filed. However, given that the 4-month deadline may be either passed or quickly approaching (and that a notice of intent must be sent at least 10 days prior to that deadline), any potential lien may be time-barred. While county recorders rarely act as gatekeepers to exclude late lien filings, any lien filed after the deadline passes is unenforceable.
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