Are you a construction professional who hasn’t been paid for your work?
All too often honest construction professionals miss out on payments they rightfully deserve due to missing deadlines or incorrectly filing a mechanics lien, which is also known as a construction lien. Since the construction industry is legally complex, working with an experienced Denver construction lien lawyer can ensure you don’t lose your lien rights to a minor mistake.
Working With a Denver Construction Lien Attorney Eliminates Risk of Invalid Mechanics Lien
Both the notice of intent form and the mechanics lien itself must be written and recorded in strict accordance with Colorado law. If they are not, the lien is considered legally invalid. Not only does that cost you your lien rights, but the court will typically also award the property owner statutory damages of $1,000.00 or actual damages (whichever is greater) plus attorney’s fees.
If you are owed payment by a property owner, the last thing you want is to have your lien pronounced invalid and end up paying the party who actually owes you. Working with a skilled Denver construction lien attorney while preparing and filing your lien will ensure this does not happen to you.
Multiple Deadlines for Filing a Mechanics Lien in Colorado
Colorado lien laws are complex, and the deadlines are contingent on the details.
The following summarizes the different deadlines before which you need to file your mechanics lien:
- A Statement of Lien must be filed no later than four months after the last day labor or materials were provided if you are any lien claimant, with the exception of a laborer who did not provide materials.
- The lien must be filed within two months for laborers who did not provide materials to the project.
- The normal four-month period may be shortened to two in the event that the property in question is a one or two-family home and there is a bona fide purchaser.
Two Types of Liens
In the state of Colorado, there are two types of mechanics liens. The Section 101 mechanics lien is what a construction professional files if the work was commissioned directly by the property owner. The Section 105 mechanics lien is what a construction professional would file if the work was commissioned by a renting tenant.
Though the two types of mechanics liens are essentially identical, the property owner can crush your lien rights under a Section 105 mechanics lien. However, in order to do that, they must have posted a notice of non-liability at your jobsite within five days of becoming aware that construction was being performed at their property.
If you would like to speak with a Denver construction lien attorney, please submit our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.