Filed Under (Mechanics Liens) on 04-24-2012
Completing a Colorado Mechanics’ Lien form, providing the required advance notice of the intent to file the lien, and recording the lien all require strict adherence to Colorado law and great attention to detail. Because Colorado courts strictly construe these rules, you will lose your lien rights if mistakes are made regarding the form or timing of these documents.
What form do I need?
The Statement of Mechanics’ Lien with Notice of Intent to File a Lien Statement, form No. 180A, is available from Bradford Publishing. The front of the form is the Lien Statement that details the names and addresses of the person or company filing the lien and the general contractor. It also describes the property and the amount of the claim. The reverse side of the form contains the Notice of Intent to File a Lien Statement and the Affidavits as to when notice was sent.
How do I give notice that I’m filing a mechanics’ lien?
After you complete the front of the Statement of Mechanics’ Lien, you must complete the Notice of Intent to File a Lien Statement on the back. This part gives notice to the general contractor and owner that you intend to record your lien if you are not paid within 10 days. After both have been completed, copies of the form must be given to the owner and the general contractor (unless you are the general contractor) either by personal delivery, or by registered or certified mail, return receipt requested. This must happen at least 10 days before the lien can be filed. This 10 day period begins to run only upon actual delivery of the form to both the property owner and the general contractor. After the entire form has been served on the owner and the general contractor, you may complete the 3 affidavits of service on the back of the form.
When and where do I record my lien?
In order to complete and secure your mechanics’ lien rights, the original or a copy of the proposed lien and the Affidavits must be filed with the Clerk and Recorder in the county in which the construction project is located. Generally, material men, general contractors and subcontractors must record their Lien no later than 4 months after they last provided material, work or services to the project. Warranty work, and even “punch list” items, may not count as the last work performed on a project. If you leave the project for any reason before completing your contract, the 4 month period still begins at the time you left the project.
To learn more about mechanics’ liens, see other Bradford blogs on Filing a Colorado Mechanics’ Lien, or get the details from Bradford’s booklet, Know Your Mechanic’s Lien Rights :A Guide to Colorado Law.