Mechanics lien deadlines are typically incredibly strict. And, if the lien deadline comes and goes and no mechanics lien is filed, a claimant will typically not be able to file a valid and enforceable lien after that deadline.
While a lien filed after the deadline may actually get filed, such a lien would very likely be invalid and unenforceable upon further scrutiny if the lien were challenged or enforced. Note, though, that most mechanics liens are resolved without legal action becoming necessary - so, a claimant could end up getting paid even if their lien wasn't timely filed. But, if a lien is filed late and then challenged due to that issue, there's a strong chance the lien would be deemed invalid and unenforceable.
Since Colorado's lien deadline isn't necessarily as clear as some other states' deadlines, let's break those down really quickly. You can find a more in-depth breakdown of the Colorado mechanics lien requirements here: Colorado Mechanics Lien Guide and FAQs.
Colorado mechanics lien deadlines
In Colorado, the mechanics lien deadline is set either by CRS § 38-22-109(4) or (5), depending on the work performed. For most mechanics lien claimants, the deadline to file a lien will be four months after the last day when they provided labor or materials to the project. Mechanics lien claimants who have provided on labor but no materials can generally file a mechanics lien up to two months after the completion of the improvement.
Lastly, keep in mind that there are always options outside of the mechanics lien process than can help with recovery. Levelset discusses those options, some of which may apply, here: Can’t File a Lien? Here Are Some Other Options For Recovery.
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...