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Does an architect fall under the 4 month deadline or 2 month deadline to file a lien in Colorado?

As an architect who prepares plans and specifications, it is not clear if the 4 month or the 2 month deadline to file a lien in Colorado applies. Our contract indicates that we provided design services for interiors. Can you advice if this applies to the 4 months or 2 months deadline? Thank you.

1 reply

Mar 4, 2019

Great question! There is nothing worse than losing lien rights by simply missing a deadline. The Colorado Mechanics Lien statute offers lien protection to almost every participant in a construction project. Architects, engineers, and artisans are no exception! The tricky issue is determining what the deadline to file a Statement of Lien against the property is. Colorado law determines the lien deadline based on if the claimant "provided materials to the project." For laborers, such as architects, who did not provide materials to the project, the lien must be filed after the last labor was performed, and within 2 months of the completion of the improvement. Keep in mind that a Colorado lien claimant will still need to give the property owner a Notice of Intent to Lien at least 10 days before filing the mechanics lien itself. Here are two good resources for more information: Colorado Liens & Deadlines FAQs and How to File a Mechanics Lien in Colorado.

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