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Can we list 2 different addresses on a lien time extension

We are providing labor and material on a parking structure in Aurora, Colorado for a new urban development program. Our subcontract and also the Prime contract is using the address of 14531 E. Alameda Ave., Aurora, CO 80012 as the project address. Looking at the map that was provided by Hannah at Scout, and also by doing our own research, it looks like this is the site where the construction trailers are located. The actual parking structure is on 15565 E. Alameda Ave., Aurora, CO 80012. Also, the Prime has Parkside Aurora, LLC as the owner. Hannah says that the property is showing Parkside City Center as the owner. We are wanting to file a lien time extension at this time. Is it possible to list both addresses along with the appropriate legal descriptions and also both Parkside Aurora and Parkside City Center as the owner on the document. We want to make sure we are keeping our lien rights intact and want to cover our bases.

1 reply

Feb 12, 2020

The ability to file an extension of the time in which to file a Colorado mechanics lien is provided by § 38-22-109 (10). This section states in part, that the extension notice must contain certain information, including:

the legal description or address or such other description as will identify the real property [that will be subject to the lien];
the name of the person with whom [the potential lien claimant] has contracted; and
the claimant’s name, address, and telephone number.

Since the notice is to relate to the property subject to the lien claim, the description of the actual property improved is what should be included. If more than one municipal address is related to a particular legal description, the legal description is likely sufficient - but the addresses can be provided to additionally "identify the real property." It is always best practice to identify the actual proper name of the property owner when required. Sometimes this can be difficult when the name on a contract doesn't completely match the name on a property report or assessor's records. However, a notice of extension of time to file only specifically requires the name of the party with whom the potential lien claimant contracted - not the property owner. Additionally, the requirements for a lien itself in Colorado requires the "name of the owner or reputed owner of such property, or in case such name is not known to him, a statement to that effect" so it is appears unlikely that a discrepancy in naming conventions would be too detrimental to an extension statement. In any event, a potential lien claimant is not prohibited from providing multiple names of an "owner or purported owner" in order to attempt to cover their bases.

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