Supplier – Preliminary notice requirements to file mechanic lien
Preliminary notice is NOT required; however, sending a Notice to Owner is allowed and places a duty upon the person contracted with the principal contractor to insure that payment has been made to the noticing party or to withhold suffiecient funds to satisfy the amount set out in the notice
Supplier – Mechanic Lien
Intent to lien: 10 days prior to recording the mechanic lien Mechanic Lien: must be filed within 4 months from last delivery of services or materials. Residential timeframe to record lien is two months from last delivery of services or materials. If only labor provided (and not materials) time is shortened to 2 months.
Subcontractor – Preliminary notice requirements to file mechanic lien
Preliminary notice is NOT required; however, sending a Notice to Owner is allowed and places a duty upon the person contracted with the principal contractor to insure that payment has been made to the noticing party or to withhold suffiecient funds to satisfy the amount set out in the notice
Subcontractor – Mechanic Lien
Intent to lien: 10 days prior to recording the mechanic lien Mechanic Lien: must be filed within 4 months from last delivery of services or materials. Residential timeframe to record lien is two months from last delivery of services or materials. If only labor provided (and not materials) time is shortened to 2 months.
General Contractor – Preliminary notice requirements to file mechanic lien
Preliminary notice is NOT required; however, sending a Notice to Owner is allowed and places a duty upon the person contracted with the principal contractor to insure that payment has been made to the noticing party or to withhold suffiecient funds to satisfy the amount set out in the notice
General Contractor – Mechanic Lien
Intent to lien: 10 days prior to recording the mechanic lien Mechanic Lien: must be filed within 4 months from last delivery of services or materials. Residential timeframe to record lien is two months from last delivery of services or materials. If only labor provided (and not materials) time is shortened to 2 months.
Timeframe to foreclose lien
Action to enforce lien is required within 6 months of completion or last furnishing of services or materials.
Construction participants not covered by lien law
In private construction, Colorado law is very broad and just about everyone is afforded protection except suppliers to suppliers. On public construction projects involving governmental entities, suppliers to suppliers, architects, engineers, draftsmen and artisans are not specifically protected.
Cost and damages not allowed in lien claim
We must distinguish between what items are allowed as part of a money judgment and items that are allowed as part of the judgment against the real estate that can be foreclosed upon. Only interest can be added to the actual debt upon which foreclosure of the real estate will be ordered. Other items, including attorney fees, can be part of a money judgment but cannot be included in the amount upon which foreclosure against the real estate is permitted.