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Does a sub need to notify the general contractor with an intent to lien?

ColoradoNotice of Intent to LienRight to Lien

A sub has filed an intent to lien with the property owner but did not send it to me as the GC nor the tenant.

1 reply

Aug 1, 2019
Great question. Yes, when hired by someone other than the owner of the property, a Notice of Intent to Lien must be sent to both the property owner and the project's general contractor under CRS § 38-22-109(3).

However, the Colorado mechanics lien statute does not state that a tenant must also be given a copy of the Notice of Intent to Lien (though, it might be beneficial to send to the tenant as well if the project was a tenant improvement).

As mentioned in this article, failure to send a Notice of Intent to Lien, as required, could result in the loss of the right to file a mechanics lien.

For a little more background on Colorado lien and notice requirements, here are some great resources:
(1) Colorado Mechanics Lien Guide and FAQs
About Colorado Notices
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