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Do we need to a Notice of Intent to Lien again if we did not move forward with a Mechanic's Lien on the first notice?

We sent a Notice of Intent to Lien on a project -- and we have had contact with the owner and there is some dispute going on between the owner and the general contractor who hired us. We are past the 10 days timeline of Notice of Intent to Lien and are not moving forward with filing a lien at this time. If we do want to move forward with the lien (for example in the next few months, if non-payment is still an issue, would we need to file another Notice of Intent to Lien?

2 replies

Apr 7, 2020

Generally, no - there's no secondary requirement for sending a Notice of Intent to Lien. This would seem especially true if all of the information contained in that original Notice of Intent will be true and applicable for the eventual lien claim. If additional debt is being incurred along the way, then it'd be wise to provide an updated Notice of Intent before actually pursuing a mechanics lien claim. That way, the owner has been presented with the potential claim and all bases would be covered. What's more, even if no new debt is incurred, sending another Notice of Intent to Lien could provide another opportunity to get paid before having to file a lien claim. For more information on Colorado's Notice of Intent requirements: Colorado Notice of Intent FAQs & Guide.

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Apr 7, 2020

Great, thank you so much!

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