We have filed a mechanics lien in CO for a specified amount. Recently we discovered that unused material we sold to the sub-contractor named on the mechanics lien was discovered in a garage of one of the apartment units under construction.
1 reply
Aug 12, 2019
Colorado is one of the few states that specifically allows certain modifications of previously filed mechanics liens, by statute. However, this does not mean that a Colorado mechanics lien may be modified or otherwise amended at any time - certain rules still apply.
Colorado Revised Statute § 38-22-109(6) states that: "[n]ew or amended statements may be filed within the periods provided in this section for the purpose of curing any mistake or for the purpose of more fully complying with the provisions of this article."
So, if the time in which a mechanics lien could be originally filed has not yet passed (generally 4 months from the last day labor or materials were provided to the project, but 2 months in some specific cases), a new or amended lien is allowed to be filed to correct a mistake on the original lien.