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Does warranty work extend the last day furnishing and notice of intent in CO?

ColoradoLien DeadlinesMechanics Lien

Is there a place to see how and if warranty work or other situations possibly extend our notice of intent or lien filing? Currently my question is for CO, TX and CA. I know TX and CA have Notice of Completion's to file, but does the need for warranty/punchlist work extend that in those states?

1 reply

Mar 16, 2018
Regarding any Notice of Completion filings: A Texas Affidavit of Completion limits the time frame for claiming a lien on retainage, but the time frame for filing a lien on non-retainage amounts is still based off of last furnishing. This date will remain unaffected by a Texas Affidavit of Completion, though an Affidavit of Completion could affect the timeframe for enforcing a lien. In California, though, a Notice of Completion acts to start the lien period. On projects where a Notice of Completion is filed, the lien period will be limited to 30 days after the filing. That means, regardless of what work remains, a lien claim should be filed within that timeframe in order to remain valid. As a general matter, punch list or warranty work will not extend the deadline to file a mechanics lien. Thus, such work won't extend the time to file a lien, regardless of a Notice or Affidavit of Completion. However, authorized change orders would be factored in for deadline purposes. We explore that idea further in this article: What’s the ‘Date Labor or Materials Last Delivered’ and How Can I Prove It? Colorado makes this very clear by statute that remedial work will not extend the lien deadline under § 38-22-109(7). Texas is less clear, but assuming that warranty, remedial, or punch list work will not extend a deadline is the safest route. In California, since lien deadlines aren't based off of last furnishing (regardless of whether a Notice of Completion is filed), the issue should be largely irrelevant. As far as extending the deadline to file a mechanics lien in some other fashion, Colorado happens to be one of the very few states where a mechanics lien filing deadline can be extended. The time to file a Colorado lien may be extended if a Notice of Extension of Time to File Lien is filed with the county clerk and recorded in the county where the property is located. This extends the time in which a mechanic’s lien can be filed to either 4 months after the project is completed, or 6 months after filing the extension of time — whichever occurs first. However, this extension is likely not available on one or two family residential projects.
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