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Lien Time Frame

ColoradoLien Deadlines

I filed an intent to lien on a customer whom is located in Denver. My business is located in Houston, Texas but the project is located in Denver. I went on Levelset and put in the answers to the questions I was being asked. The intent to lien was sent out on July 11. I visited Level Set today to find the status of payment if any. Found out today is the the deadline to file the lien. Are my options now completely gone?

2 replies

Jul 18, 2022
A Lien Statement must be filed be a certain deadline (generally four months from the completion of work, but this can be tricky to calculate correctly so you may want to consult with an attorney) and no sooner than 10 days after you send the Intent. So long as you are within this timeframe, you may record your Lien Statement. Based on your question, it sounds like you may not have sent the Intent in time. If today is four months from completion of your work but you have not had at least 10 days from the date the Intent was sent out, you cannot record a lien. There are other options for pursuing non-payment claims, however.
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Jul 18, 2022

Reach out to an attorney today. The exact timing of when you must file the lien is a legal question that must go to an attorney. Levelset does not provide legal advice. The deadline is strict and miss that by one day and your right to validly file a lien ends. As noted, there is a question if you sent the intent to lien in a timely manner as that must be served enough in advance of the end of the period and the lien cannot be filed until 10 days after that service. If that 10 day periods runs past when you must file (and that could be either two months after last labor or four months after last labor or material supplied depending on the project) then the lien filing is not timely. The timeframes are strictly construed. 

Reach out immediately to a Colorado attorney. Most of us offer free initial consultations. 

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