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Mechanic Lien Documents

ColoradoLien DeadlinesNotice of Intent to Lien

I am a sub contractor who has not been paid for my work. It seems the dates to send the notices have expired. Can this still be filed ?

1 reply

Oct 26, 2020

The applicable deadlines for Colorado mechanics liens are as follows. The deadline to file the claim of lien is no later than 4 months after the claimant's last date of furnishing (2 months for pure laborers). However, a Notice of Intent to Lien (NOI) must be sent to the property owner and the GC 10 days prior to filing. Given the timing, a CO Notice of Intent to Lien Requires Planning, to ensure the claimant has enough time (at least 10 days) before the filing deadline expires.

 If the time to send an NOI has passed, but you are still within your lien filing deadline, there's one potential option; depending on the type of project. You may be able to file a CO Notice to Extend Time to File a Mechanics Lien. This can extend the filing deadline to 4 months after project completion, or 6 months after the filing orf the extension; whichever is earlier.

But, if these deadlines have passed, you will no longer be able to file a mechanics lien. That doesn't mean that your options for recovery are gone. You will still be able to make claims for recovery against your hiring party based on breach of contract, unjust enrichment, and other related claims. For additional information on these options and more; see: Can't File a Lien? Here Are Other Options for Recovery. 

Good luck!

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