what would i need to do if i want to retract the liens that have been filed?
1 reply
Jul 16, 2020
A Colorado mechanics lien is valid for a period of six months after the last date of furnishing labor or materials to the project, or the project completion; whichever is later. Once the six month period passes, the claim will expire and no longer be enforceable. If you aren't paid, an enforcement action should be filed in court. Before enforcing the claim, there's one more option step you can take to get paid. You can send a Notice of Intent to Foreclose. This isn't required, but can act as a final warning that if you aren't paid you will file a lawsuit to enforce your rights. This is fairly effective at inducing payment.
If, however, you have been paid, then you can file a lien release to retract or cancel the claim. This can be done by simply filing a Colorado lien release (a free, downloadable template can be found here) in the county recorder's office where the claim was filed. One thing to note, if paid and requested by the owner or general contractor to release the claim, you must do so within ten days of receipt of the request. Failure to do so can lead to penalties of up to $10 a day until the release is filed.
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