How long after the job is finished and payment is not paid by property owner do I have to wait until I file lien.?

9 months ago

I did drywall Repair work for a homeowner : requested 3 holes patched.
$175 the Estimate was sent via an invoice app.
Homeowners signed it so I could do the work , I paid for the materials.
I found that there was a severe mold problem in the lower sections of the sheetrock. They requested that I finish patching the holes that were in a upper area of the drywall and asked for an Estimate for mold Remediation.
I finished the patch job and never received payment and homeowners refused to make payment

Chief Legal Officer Levelset
101 reviews

Once work is completed and payment has not been made a mechanics lien may generally be filed.

Other than the requirement that there actually needs to be money due and unpaid for work that was performed the deadlines and timelines related to filing liens have to do with the last date a lien can be filed, not the first date.

In Colorado, a contractor who provided both labor and materials to a project must file their lien within 4 months from the day s/he last furnished labor or materials to the project (not including punch-list or remedial work). If that deadline passes, the claimant loses the right to file a valid and enforceable mechanics lien,

Additionally, in Colorado, a potential lien claimant must deliver a Notice of Intent to Lien to the property owner at least 10 days prior to filing the lien itself. This doesn’t extend the deadline to file the lien, so the Notice of Intent must be delivered more than 10 days prior to the expiration of 4 months from last furnishing labor/materials.

The Notice of Intent can sometimes be helpful in getting paid without needing to resort to filing the lien itself. And, in cases in which the amount due is relatively small, it can be beneficial to the claimant to avoid needing to deal with the costs associated with filing a lien.

Sending a Notice of Intent to Lien and filing a Lien Claim itself can be quickly and easily accomplished online here. 

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