In Colorado I worked on a large apartment building as an independent contractor for a subcontractor of the general contractor. Which mechanic’s lien 101 or 105 would I fall under? And how do I know if they owner posted a non liability claim?
1 reply
Jan 15, 2020
Generally, a Coloado section 105 mechanics lien will be appropriate if the work was contracted for by a tenant. Meaning, if the tenant hired the GC on the project, then a section 105 mechanics lien would very likely be appropriate. But, if the owner of the building was the one to hire the GC and initiate the project, then a section 101 mechanics lien would likely be more appropriate.
Further, for a Notice of Non-Liability to be effective, that notice must either be personally given to those performing work on the project, or it must be posted to a conspicuous location on the site - and either must be done within 5 days of the owner becoming aware of the project. So, if that notice wasn't given or posted very early on in the project's lifecycle, chances are it wasn't given. Or, if it was given, there's a serious chance it's ineffective. But, to be sure, it might be helpful to check the project's office or place where work-communications are regularly posted or exchanged.
For more information on Colorado mechanics lien claims, these resources should be valuable:
- Colorado Mechanics Lien Guide and FAQs- Colorado Mechanics Lien Available Even When Tenants Contract For Work- How to File A Colorado Mechanics Lien – Step By Step Guide To Get You Paid