Home>Levelset Community>Legal Help>Can I still put a mechanics lien on the this property?

Can I still put a mechanics lien on the this property?

I have been trying collect the last payment on a contract with a homeowner here in Colorado. The work was finished on 12/28/18. The customer original agreed to make the last payment when the work was completed. He has since stopped returning my calls, can I still put a mechanics lien on the this property?

1 reply

Feb 28, 2019

I'm sorry to hear that you are still waiting for payment, it's frustrating to wait beyond longer than you were told you would need to to get paid what you've earned.

In Colorado, the deadline by which a mechanics lien must be filed is generally 4 months after last furnishing of labor and materials to the project.

However, this period can be both shortened or extended. For pure laborers who do not furnish any materials, the deadline is shortened to 2 months. Also, if the project is on a single or two-family residence, the period is shortened to 2 months ifthere is already a bona fide purchaser. Finally, for projects other than a residential project, Tthe time to file a lien may be extended if a notice of extension of time to file lien is filed with the county clerk and recorded in the county where the property is located. This extends the time in which a mechanics lien can be filed to either 4 months after the project is completed, or 6 months after filing the extension of time – whichever occurs first.

Prior to filing a mechanics lien in Colorado, a claimant is required to provide the property owner with a notice of intent to lien. This notice must be provided at least 10 days prior to the date on which the lien is filed. This notice must be delivered either by personal service, or by registered or certified mail return receipt requested, and the failure to provide this notice is fatal to a subsequent lien claim.

0 people found this helpful

Helpful