Home>Levelset Community>Legal Help>In Colorado when does the 10 days start after the intent to lien has been mailed? From the date you mailed the intern or the date it was received by the owner?
In Colorado when does the 10 days start after the intent to lien has been mailed? From the date you mailed the intern or the date it was received by the owner?
In the process for filing a lien to the property owner.
1 reply
May 2, 2019
That's a great question. If a Colorado Notice of Intent to Lien is sent by registered or certified mail, return receipt requested, it will generally be effective upon mailing. Meaning, the 10 day clock would run from mailing, as long as the notice was mailed as required. But, if the Notice of Intent to Lien will be personally delivered, the notice isn't effective until the recipient has actually received the notice. As a side note, it's worth keeping in mind the ultimate purpose of the Notice of Intent to Lien when deciding how long to wait to file a mechanics lien. As long as deadlines aren't closing in, it's generally wise to try and leverage a Notice of Intent to Lien into payment without actually filing a mechanics lien. Ultimately, that's the whole point of the notice - to give the lien claimant and the owner one final chance to work things out. So, as long as preliminary notice is sent with a strong cushion before the deadline, it might be helpful to try and further negotiate payment after a Notice of Intent to Lien is given, but prior to actually filing a mechanics lien. For more on info Colorado lien law (deadlines, requirements, etc.), this resource should be helpful: Colorado Lien & Notice Overview.