Filing a mechanic’s lien against a property is an unfortunate step that must sometimes be taken to ensure payment for labor and materials provided. Perfecting a lien is a complex process and construction professionals can benefit from partnering with an experienced Denver contractor attorney to ensure the quickest of resolutions.
In part one of this two-part article, we discussed the initial steps towards filing a mechanic’s lien in Denver, Colorado. Our Denver contractor lawyers at Cotney Construction will now take an in-depth look at the remainder of the process.
Filing the Claim
A completed lien statement can be sent by mail or Fedex to the office of the county clerk and recorder. The county may allow mechanic’s liens to be sent electronically if that is your preference.
The following is a list of requirements for the lien statement in Colorado:
- The name of the owner of the improved property
- The name of the claimant
- A description of the improved property
- A statement of the amount due to the claimant
- An affidavit providing proof of delivery of the Notice of Intent
Any incorrect or missing information in the lien statement may result in the lien being rejected. For this reason, it is important that you speak with a Denver contractor lawyer to ensure that every step of this process is being handled correctly.
Once the Lien is Awarded
With the lien filed, the owner should be further inclined to pay the owed amount. In the event of such a resolution, you will have 10 days to submit an acknowledgment of satisfaction with the local courts. An awarded lien is valid for six months. Foreclosure of the property or collections must take place during this time frame. If no payment has been received at the end of the six month period, you can take the owner to court. If you elect to do this, a judge can enforce the lien. If your lien process has gotten this far, it is important the you speak with an attorney to determine your next course of action.
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.