Home>Levelset Community>Legal Help>How to file intent to lien, mechanics lien with timelines and can I add in change orders agreed upon by both parties?

How to file intent to lien, mechanics lien with timelines and can I add in change orders agreed upon by both parties?

In Colorado I understand that I must send a letter of intent to lien to person conducting the work for and or homeowner if needed before I can file a lien. Timeline for Colorado to file lien and does the letter of intent need to be filed with the courts before sending letter of intent or can it be certified mail? I also have change orders to be paid on as well as digital design and prints and all associated labor fees of entire job that I haven't received payments on. Can these all be put onto lien even if it is not written in a contract but asked verbally and agreed upon verbally by both parties? Thank you

1 reply

Jan 7, 2020

Colorado's mechanics lien and Notice of Intent requirements can be a little confusing, so it's understandable to have some questions. Let's take this topic-by-topic.

Sending a Colorado Notice of Intent to Lien

A Colorado Notice of Intent to Lien must be sent at least 10 days prior to filing a Colorado mechanics lien, and sending the Notice of Intent won't extend the lien filing deadline. The Notice of Intent must be given via personal service or sent by registered or certified mail with return receipt requested. So, the notice isn't originally "filed" prior to the lien - just given or mailed. Generally, though, a copy of the Notice of Intent to Lien previously sent must be included with a Colorado mechanics lien claim. More on Colorado Notice of Intent to Lien here: What Is a Colorado Notice of Intent to Lien?

Including change orders in a mechanics lien claim

This one is a bit tougher. On one hand, if there's a written contract, any changes to that contract should be done in accordance with the contract or, at the very least, made in writing. On the other hand, mechanics liens protect the right to payment for work performed - and if work was properly authorized by the owner, then that work would seemingly be lienable. Ultimately, whether or not the inclusion of verbal change orders is acceptable may well come down to the terms of the contract, itself. But, it's certainly possible those amounts could be recovered via lien claim. Plus, note that accidentally overstating a claim by including change order amounts might be an issue that can be cured later in the dispute, if it looks like there will be a legal challenge based on the amount of the lien. And, honest mistakes on a mechanics lien amount generally won't give rise to the same liability that a fraudulent lien would. Levelset discusses liens and change orders here: Change Orders and Mechanics Lien Rights.

Additional Colorado mechanics lien resources

I hope this information has been helpful! For more information on Colorado mechanics liens, these resources should be valuable: - Colorado Preliminary Notice Guide and FAQs - Colorado Mechanics Lien Guide and FAQs - How to File A Colorado Mechanics Lien – Step By Step Guide To Get You Paid

0 people found this helpful

Helpful