if the work was done longer than 6 months ago will the judge throw it out if yes what other recourse do i have to get my money beside a lien
1 reply
Oct 7, 2019
Colorado requires that a mechanics lien must be filed within 4 months of last providing labor or materials to the project in order to be valid and enforceable. That time period is shortened to 2 months, if only labor (and no materials) were furnished. Additionally, a notice of intent to lien is required to be sent at least 10 days prior to filing the lien itself. These requirements must be met, so if the applicable time periods have elapsed, no valid lien may be filed. If there is some question as to the last furnishing date, such that the deadlines could be appropriately met, the determination may differ.
A notice of intent to lien does not encumber the property, so one can generally be sent even in the absence of any actual plan to file move ahead with filing a lien. In some cases, a notice of intent can shake payment loose even without the lien itself being filed.
If an improper lien is filed, there can be liability imposed on the filing party, but often if the lien is released voluntarily by the claimant when demanded (if unsuccessful to encourage payment) there are no actual damages.
Other than a mechanics lien, there are other options to get paid. The debt can be turned over to a collections agency or law firm to attempt recovery. A demand letter can be sent either through one of those options, or by the claimant. A lawsuit for breach of contract, or based on another cause of action depending on the specific situation could be initiated, as well.