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If the original lien did not include the GC, but we now have that info, can we still file the lien?

Colorado

we are a supplier that was provided our customer's name & the owner of the property, but not the GC. We filed a lien without the GC listed, but we did have the Owner listed. Is our lien still valid, and if not, can we amend the lien to now include the GC?

4 replies

Aug 17, 2021
The lien must include the GC if the GC is known. It must include the GC. You may amend the lien statement to cure any mistake with the statutory requirements. The amendment must be filed within the applicable time period required for recording the lien. CRS § 38-22-109(6).
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Aug 17, 2021

Unfortunately, we were not made aware of the GC until after the lien was filed. I would like to know if we can amend the lien at this time, and if so what steps do I take to do so. 

thanks for your help & time

Dawna

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Aug 17, 2021
You're welcome. As I noted in my response, you may amend the lien statement. You file an Amended Statement of Mechanics' Lien that relates to the amendment, namely the principal contractor, that must be under oath as the original lien statement. While not technically in the statute, the proper practice is to do the 10-day notice for the amended lien as the original lien statement.
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Aug 17, 2021

thank you I appreciate the info

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