If you believe a CO mechanics lien has been improperly filed, there are some steps you can take.
First and foremost, determine if and why the lien is improper. Did they send you a proper Notice of Intent to Lien? In the required manner? Were all the deadlines met? Is all the information on the claim correct? Have payments already been made? Is the amount claimed exaggerated? And so on.
Once you've answered these questions, the next step is to deal with the claim itself. You can send a demand letter to the claimant stating the reasons why you think the claim is invalid, and request the removal.
A mechanics lien in Colorado is only effective for 6 months after the completion of the project, or the last date the claimant provided labor or materials to the project; whichever is earlier. If you have no plans to refinance or sell the property, you could always just wait it out. Or, alternatively, you can post a lien discharge bond. This will remove the claim of lien from the property title, and transfer the claim to the bond. Although you will still have to deal with the claim eventually.
If the claimant does file a suit to enforce the claim, you will have an opportunity to present evidence of why the lien is invalid and have the action dismissed. Additionally, if the claim is overstated or excessive, the claimant will forfeit their lien rights and be liable to you for court costs and attorney fees under CRS §38-22-128.
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