We have a project that we are trying to avoid having to file a lien on but we also do not want to let the deadlines to file go by without doing something. So I am hoping I am able to extend my right to file a bit longer. We are in Colorado - Teller County. We completed a job 7/9/2020. To my understanding we have 4 months from date completed to file a lien. We did not want to file the lien in November at the 4 month mark so we filed a "Notice to Extend Time for Filing Lien." I believe this bought us 2 more months making our new deadline early January. However, thru the document I purchased through LevelSet it gave the following information.... Description of Document Ordered In Colorado, any potential lien claimant may file an extension to extend the period for filing a lien. If filed, an extension will move the deadline to: Four months after completion, or six months after filing the extension - whichever occurs first. So now I am not sure if I have missed a deadline or what my deadline would be to file? If the deadline is January, like I think it is, I am also wondering if there is any way to extend that deadline any farther? Like another Notice to Extend Time for Filing Lien. Thank you!
The answer will ultimately depend on whether the project completion date and the date of last furnishing coincide.
Generally, the deadline to file a Colorado lien claim is 4 months from the last date the claimant furnished labor or materials to the project. (with some exceptions).
When a Notice to Extend is filed, the deadline will be extended to either 4 months from completion of the improvement, or 6 months from when the extension notice was filed; whichever occurs first. Furthermore, if the project is yet to be completed, a new or amended Notice to Extend may be filed before the new deadline expires.
So practically speaking, if the last date of furnishing also happened to be the same date the project was completed, then an extension notice would be moot as it would maintain the same 4 month period.
If you have missed this deadline, although lien rights are no longer available, there are still some legal avenues for recourse against your customer. Specifically breach of contract, unjust enrichment, or quantum meruit claims. You should consult with a local Colorado-based attorney to discuss these options in more detail.
Here are some additional resources you may find helpful: