10th day of grace period is 01/29/21 . Four months to file Lein was 1/22/21. How do I proceed?
There is no 10 day grace period under Colorado law. If you are a general contractor and furnished materials, the lien must be filed before four months have passed from the day the last labor was performed or the last material furnished by the lien claimant. I think you mean the timing of the notice of intent to lien. That requires the claimant must, at least 10 days prior to filing a lien statement, serve a “notice of intent to file a lien statement. The process for filing is to then file the lien 11 days after the date of the affidavit of service.
You should retain an attorney to make sure you are correct about that that triggered the time to file the lien statement. If you are past the time that the lien had to be noticed and filed, you cannot do so now as strict compliance with the statute timeframes is mandatory and you risk a suit for damage and attorney fees if you file a bogus lien.
You still have the right to proceed to sue for breach of contract and there could be other rights depending on the facts. Retain an attorney to discuss those options.