If the homeowner doesn't sign certified letter until 6 days before end of 4 month period, (not enough time for 10 days notice), what happens?
1 reply
Oct 9, 2019
Colorado's mechanics lien deadline is unique in that a lien may only be filed if at least 10 days have passed since a Notice of Intent to Lien has been given. Let's look a little bit closer of a look at this timing requirement.
For one, note that a Colorado Notice of Intent to Lien requirement is considered completed once it's mailed, if the notice is mailed. But, if the notice is personally served, the notice requirement is only fulfilled when it's actually served. So, even if a property owner hasn't signed for a Notice of Intent to Lien until later, as long as the notice was sent at least 10 days before the lien is filed, that should be sufficient (as long as it was sent as required).
What happens if a Notice of Intent to Lien wasn't timely sent?
Note, though, that a Notice of Intent to Lien must be sent at least 10 days before a lien can be filed. And, if the notice isn't timely sent, a valid and enforceable mechanics lien can't be filed.
Of course, keep in mind that even where mechanics lien rights may not be available, there are always other options for payment recovery. More on that here: Can’t File a Lien? Here Are Some Other Options For Recovery.
For more background on Colorado's lien and notice requirements, these resources should be valuable:
(1) Colorado Preliminary Notice Guide and FAQs(2) Colorado Mechanics Lien Guide and FAQs