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What is the time frame I have to file a lien on a job in Colorado?

I am a small contractor that was hired by a consultant to do roustabout work to build a battery for the land owner. They are currently disputing our bills because they are referring price points from Oklahoma not Colorado where the work was performed. We did not provide any materials only labor but we covered some third party billing on their behave to keep the job moving. Do we fall under the 2 month provision to file a lien or 4 months? We want to give them sufficient time to make this right but want to make sure we are covering our company as well. Unfortunately today would be the day I must send the letter of intent if we fall under the 2 month category. Thank you so much for your time.

1 reply

Mar 10, 2020

In Colorado, the deadline generally depends on whether materials were furnished. For parties who did not provide materials to the project, the lien must be filed after the last labor was performed and within 2 months of the completion of the improvement. The 2-month deadline also applies when the project is a one or two family home, and there is a bona fide purchaser of the dwelling. These deadlines run from the completion of the project, however, not necessarily the completion of the lien claimant's own work. Note, however, that the deadline to file a lien in Colorado can sometimes be extended. While likely not specifically available on 1 or 2 family dwellings, the time to file a lien may be extended if a Notice of Extension of Time to File Lien is filed with the county clerk and recorded in the county where the property is located. This extends the time in which a mechanics lien can be filed to either 4 months after the project is completed, or 6 months after filing the extension of time – whichever occurs first.

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