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We filed our Notice of Intent (Colorado) and it turns out after auditing the file that the final bill should be less.

ColoradoNotice of Intent to Lien

Do we have to, or should we, refile the Notice of Intent for the lesser amount?

5 replies

Oct 12, 2021
You're allowed to amend a mech. lien amount due.
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Oct 12, 2021

Thanks, so if we amend it when we file the actual lien that will suffice. No need to answer unless incorrect.

Thanks again. 

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Oct 13, 2021
I can't give you that kind of legal advice, I'm not your lawyer.
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Oct 19, 2021

Generally speaking, a CO Notice of Intent to Lien doesn't need to exactly match a subsequent mechanics lien claim. Certainly, it's best practice to ensure those documents closely match each other, to the extent possible. However, relatively minor discrepancies between the two documents shouldn't render a Notice of Intent ineffective - particularly when the amount on the subsequent mechanics lien is going down (rather than going up).

To the extent that there is plenty of time to send a new, revised Notice of Intent to Lien prior to pursuing a lien claim, and to the extent the claimant is willing to wait another 10+ days - it might make sense for a concerned claimant to go ahead and resend an NOI to make sure everything lines up perfectly. But I'm not sure that's necessary.

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Oct 19, 2021

Thanks, that's great information.

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