Home>Levelset Community>Legal Help>In the state of Colorado, I know a Notice of Intent to lien has to be filed at least 10 days prior to filing an actual lien. My question is, is there a deadline as to when the lien has to be filed under the Notice of Intent? In other words, can you still file a lien after the 10 days has passed, and if so, for how long-does the Notice
In the state of Colorado, I know a Notice of Intent to lien has to be filed at least 10 days prior to filing an actual lien. My question is, is there a deadline as to when the lien has to be filed under the Notice of Intent? In other words, can you still file a lien after the 10 days has passed, and if so, for how long-does the Notice
I have filed a Notice of Intent already, and since discovered an invoice with a later date than indicated on my original NOI
1 reply
Dec 28, 2017
Absolutely! While the Notice of Intent to Lien must be made 10 days prior to filing a mechanics lien, the actual deadline for filing the lien will be unaffected by the Notice of Intent to Lien. Generally, in Colorado, a mechanics lien must be filed within 4 months after last furnishing labor and/or materials to the project. “Remedial” or “Punchlist” work will not extend the deadline. For residential projects, the 4 month deadline will be shortened to 2 months. Also, if you are a laborer and not providing any materials whatsoever, the lien period is different in two ways: (i) The period is 2 months, and not 4 months; and, more importantly (ii) the period starts from a different trigger (from building completion instead of last furnishing). Keep in mind that Colorado is one of the few states where the time for filing a mechanics lien may be extended, too. To do so, a claimant must file a Notice of Extension of Time to File Lien with the county clerk to be recorded. Finally, if done before the deadline to file a lien, a claimant may amend their lien statement in Colorado in order to cure a mistake or more fully comply with the lien statute.