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What qualifies as the last date I provided labor and materials for the project?

I installed a septic system with an agreement to allow 90 days after county final approval (when a majority of work was completed) for payment. I need to return 5-6 months later to regrade and seed after snow has melted. When does my 4 month window to file a lien after the last date I provided labor and materials for the project start? I'm in Colorado Thanks Bryan

1 reply

Apr 23, 2020

The last date when labor or mateials were furnished will typically be the last date when necessary work was done. Returning to a job later on to perform some work might extend the lien timeframe in some situations. Typically, when the work was necessary and exceeds normal warranty, punch list, or corrective work - the lien deadline will be reset. But, if you've only briefly returned to the job for minor tweaks, then I'd doubt that'd restart the lien clock. When in doubt, it's safest to play things conservatively and assume the earlier potential deadline will apply. Note that on some Colorado projects, filing a Notice of Extension of Time to File a Lien will extend the lien filing deadline - but that likely won't be available if the project if it's a 1 or 2 family residential project. Levelset discusses that here: When is the deadline to file a Colorado Mechanics Lien?

A Notice of Intent to Lien must be sent before a Colorado mechanics lien can be filed

As a final note, keep in mind that a Notice of Intent to Lien must be sent at least 10 days before a Colorado mechanics lien is filed. So, you'll want to account for that when looking at lien deadlines. More on Notices of Intent here: Colorado Notice of Intent FAQs & Guide.

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