Home>Levelset Community>Legal Help>What can we do if we are five days away from 4 month deadline to file an intent to lien?

What can we do if we are five days away from 4 month deadline to file an intent to lien?

We are 5 days away from the 4 month deadline to file an intent to lien for construction work and materials provided (this date is based on when we first sent out the invoice August 16th, 2019) can we no longer go the lien route to collect funds owed? If not, what other options do we have? Thanks in advance, Jessica

1 reply

Dec 12, 2019

Colorado Mechanics Lien and Notice of Intent Deadlines

When working in Colorado, it's important to keep a close eye on the notice and filing deadlines. As you are most likely aware, in order to file a Colorado mechanics lien, a Notice of Intent to Lien must be sent to the owner (along with a copy the lien statement to be filed) at least 10 full days before filing the lien statement itself. Missing this deadline can be fatal to a claimant's mechanics lien rights. However, all hope is not lost.

Colorado Notice to Extend Time to File Mechanics Lien

Colorado is one of the few states that allow for the extension of the filing deadline for mechanics liens. Under, Co. Rev. Stat. §38-22-109 (10) "the filing of said notice shall serve as notice that said person may thereafter file a lien statement and shall extend the time for filing of the mechanics lien statement to four months after completion of the project, or six months after the date of filing of said notice, whichever occurs first." In Colorado, a lien claimant may extend the the deadline to file a lien by filing a notice with the county recorder's office within the time period to file a mechanics lien. This notice must include a (1) legal description of the property, (2) the hiring party's name and address, and (3) the claimant's name, address, and phone number. One thing to keep in mind is, that this extension is unavailable for residential projects of 1 or 2 units. For more information, check out our: How to File a Colorado Mechanics Lien | A Step-by-Step Guide

0 people found this helpful

Helpful