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can i file a mechanic lien

ColoradoMechanics Lien

Im a subcontractor working in a large commercial project . I finish my work in last month but i have not gotten paid, my customer do not returning my call , what should do?

2 replies

Mar 2, 2021

I a sorry to hear about the issues you have experienced. In general, if contractors and suppliers don't get paid on a construction project in Colorado, they can file a mechanics lien to secure payment. A mechanics lien is a helpful legal tool that provides parties that have failed to be paid with a security interest in the property. 

If you plan to file a mechanics lien in Colorado to secure payment in which you are owed, there are several important deadlines you need to keep in mind to maintain your mechanics lien rights: 

  • Notice Requirements - 10 days
    • Colorado requires that all potential lien claimants (parties that intend to file a mechanics lien to secure payment) serve a Notice of Intent to Lien (NOI) on the property owner 10 days before filing
  • Mechanics lien deadline - 4 months
    • General contractors, subcontractors, suppliers, and most others MUST file a Colorado mechanics lien within 4 months after last providing services or materials 
  • Enforcement deadline - 6 months 
    • Claimants must file an action to enforce a mechanics lien (typically file suit) in Colorado within 6 months after the completion of the last furnishing of services or materials; whichever is later

If you plan to pursue a mechanics lien to secure payment that you are owed on a construction job, Levelset provides a step-by-step guide on how to file a Colorado mechanics lien. I hope this helps! 

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Mar 2, 2021
Hello, Reach out to a Colorado attorney as on top of lien filing they will advise other strategies. I normally recommend notice to disburser and trust fund statute procedures. If this is a large project these may be particularly effective especially if the project is under a large loan. You have time to file the lien but you must do that exactly per the statute and it must be timely under the statute. Moreover, for large projects it is common to bond around your lien which is why the notice to disburser and trust fund options should be considered. Reach out to CO attorneys as soon as possible. Most of us offer free consultations.
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