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Does the owner need to submit a notice of commencement on a bank funded job in Colorado?

ColoradoNotice of Commencement

In Colorado, on a bank funded job, does the owner have to file a notice of commencement or what recourse does the contractor have if they have to file a lien and send notice to the funding party?

2 replies

Mar 10, 2020

Colorado is not one of the states with a specific Notice of Commencement requirement, or even where notices of commencement are contemplated in the general sense. However, according to § 38-22-101, the property owner shall file either the copy of the contract for work, or a memorandum thereof, setting forth specific information. This memorandum of contract is similar to a notice of commencement, in some respects. Specifically, if the "contract, or a memorandum thereof, is not so filed, the labor done and materials furnished by all persons shall be deemed to have been done and furnished at the personal instance of the owner, and such persons shall" be presumed to have a lien for the value of their work, not limited by the amount of the contract with the GC. Generally, contractors in Colorado must provide a notice of intent to lien at least 10 days prior to filing the lien claim itself, and must file the lien claim itself within the appropriate time period (generally 4 months from the end of the project).

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Mar 10, 2020

I just want to verify. I am a general contractor who is in a dispute with the owner. the owner never furnished us with any paperwork when the job commenced. This is a bank funded job and I assumed that there should be a notice of dispersers in order for the contractor to be protected, which my understanding has to be filed or provided in case an issue with payment arises and will provide me with direction to file a lawsuit. Am I wrong in my thinking?

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