Home>Levelset Community>Legal Help>I filed an intent to lien just now and sent a copy to the GC by email. The last day we were on the job was October 4, 2018. Have I passed my time to file a lien?
I filed an intent to lien just now and sent a copy to the GC by email. The last day we were on the job was October 4, 2018. Have I passed my time to file a lien?
A GC is slow paying and contesting the amount owed. They have been giving me the run around and now I just filed the intent to lien, but I am worried it is too late. Please advise.
1 reply
Nov 29, 2018
I'm sorry to hear you've been having payment issues - everyone deserves to be paid what they've earned. First, it's worth noting that while sending a notice by email can be very helpful in quickly sharing information and making a contractor aware of a Notice of Intent to Lien, such a notice won't take legal effect (for purposes of preserving the right to lien) until sent as required by statute. Still - there's plenty of value in sending such a document by email in addition to the required mailing since email will put the recipient on notice of the issue sooner than later. Now, let's look at Colorado's lien (and Notice of Intent to Lien) deadlines. In Colorado, the lien deadline will depend on the claimant's role on the job. For laborers, the deadline to file a Colorado mechanics lien is 2 months from the completion of the improvement. For all other claimants, the deadline to file a mechanics lien in Colorado will be 4 months from the last day that labor or materials were provided to the project. Note, though, that the deadline is a little deceiving. A Colorado Notice of Intent to Lien must be sent at least 10 days before filing a lien - and that Notice of Intent will not work to extend the lien deadline. Thus, it's a good idea to send a Notice of Intent to Lien well before that deadline in order to avoid any potential issues. The following resources should be helpful in understanding the California lien and notice requirements: Colorado Lien and Notice FAQs and Notice of Intent To Lien Requires Planning in Colorado. Further, in determining what rights may be available, this resource should provide valuable information: zlien> Payment Rights Advisor.