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Can I File A Single Mechanics Lien Against Multiple Properties in Colorado?

ColoradoMechanics LienNotice of Intent to LienPay Applications

We provided erosion control services for numerous residential developments/communities for a national home builder client in Colorado. The efforts were billed on a unit biases by community per the number of active lots that month. Can a single mechanics lien be placed on an entire community, owned by the residential builder, or would the lien have to be placed on individual lots within the community?

1 reply

Oct 28, 2019
The general rule of thumb, which is admittedly a conservative one, is that when there are multiple properties being improved, multiple mechanics liens would be required. However, many states allow for a single mechanics lien to span multiple properties where the property is owned by the same party and the work was done under one contract. This apparently includes Colorado.

Filing one Colorado mechanics lien on multiple properties

However, Colorado's mechanics lien statute specifically contemplates the ability to file one lien on multiple lots or parcels when the overall property that's being improved consists of a number of different lots or subdivisions. Specifically, CRS § 38-22-103(1) states a lien may be filed on as much land "as may be necessary for the convenient use and occupation of such building, structure, or improvement, and the same shall be subject to such liens." And, that's merely one reference pointing toward the ability to file one lien against multiple properties. In fact, § 38-22-103(4) goes so far as to discuss how the amount of a single lien should be apportioned across multiple lots. Note, though, that this all pertains to work performed across multiple lots where there is one owner of the lots and one contract for the work. So, when providing work to a development project, the question of whether one lien can be filed across multiple properties will likely come down to whether those properties have been divided and sold yet. If the different lots have separate owners, then one lien filing will very likely not be appropriate. But, where every lot is owned by the same entity, and where there's one contract for all of the work the claimant performs across the separate properties, then one lien claim against multiple lots may be appropriate.

Additional resources on Colorado mechanics liens

Here are some additional resources that might be valuable to you: - Filing a Lien on a Project with Multiple Properties - Colorado Mechanics Lien Guide and FAQs - How to File A Colorado Mechanics Lien – Step By Step Guide
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