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Notice of Intent amount reduced, send new Notice?

Zlien recently sent out a $51,137.69 Notice of Intent for me, and I just sent new accounting to the client reducing the invoice from $51,137.69 to $50,435.71. Should I send a new Notice? Btw- This will definitely be a Arb/Court case before it is resolved.

1 reply

Sep 12, 2018

There are few situations in which sending additional or amended notices prior to filing a lien is necessary, (or even a good idea, depending on timelines). However, Colorado may be a state in which it can be good to do.

Colorado's notice of intent to lien is a required document that must be sent to the property owner (or reputed owner or owner’s agent) at least 10 full days prior to filing the lien claim itself. Since a copy of the statement of lien to be filed is attached to the notice of intent, it's likely a good idea to have the two match up. So, if the lien to be filed does not match the lien provided, it may be worth a claimant serving an amended notice of intent all over again. NOTE, however, that this is only true if there is still time to serve the notice of intent prior to the mechanics lien deadline.

If there is not enough time in which the claimant could send an additional/amended notice of intent and still meet the mechanics lien deadline, it is best practice to meet the deadlines. It is much more likely that a non-match for a lower amount on the lien would be allowed than would a late lien filing, as the lower amount of the lien likely doesn't harm the owner in any way.

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