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What Exactly is a Mechanic's Lien?
Our team of Mechanic’s Lien attorneys represent contractors, subcontractors, suppliers, and design professionals to seek compensation for their work on real or personal property. We also represent the property owners or homeowners in the event that they have been notified of a lien against their property.
How Elkus & Sisson, P.C. Can Help You In Your Mechanic's Lien Case
Our law firm brings a team of civil litigation attorneys experienced in real estate law, construction law, and specifically to the area of mechanic's liens. Our extensive litigation expertise in Colorado is helpful in these cases. We offer representation for both homeowners and contractors.
Laws surrounding mechanics's liens are specific to individual states. Whether you are a property owner or contractor it is important to hire an attorney familiar with Colorado's mechanic's lien statute.
If you are a contractor or supplier looking to file a lien it is crucial that the process and rules set forth by Colorado law are followed precisely. Failing to do so can result in an invalid lien. Elkus & Sisson has extensive experience and can navigate this for you so you can get paid for your work.
Legal Representation for Contractors, Sub-contractors, Design Professionals, Developers
Our representation extends to contractors, subcontractors and suppliers that need to file liens. Our number one job is to get our construction professionals paid for the work they do. There are certain requirements for filing a mechanic's lien in Colorado.
A couple of key deadlines to note when filing a mechanic's lien in Colorado:
- Notice of Intent to File a Mechanic's Lien - You must notify the property owner 10 days prior to officially filing the lien.
- Deadline to File - In most cases the lien statement must be filed within 4 months of completion of work.
- Deadline to Foreclose - The lien must be enforced within 6 months from the time the work was completed.
Legal Representation for Property Owners
Property owners that are threatened by a mechanic's lien need good representation. In most cases it is best to consult with an attorney right away when a threat of a lien has been made. The earlier you take action and hire an attorney to represent you the better chance you have at a good outcome.
The consequences of a mechanic's lien against a property owner can be devastating. We will work diligently to prevent the lien from being filed, which is the best scenario. However, if it is filed we will work hard to prove it is invalid.
Payment to your contractor should not be made until you are completely satisfied with their based on the contract. If sub-contractors are involved you need to be certain that they have been paid as well. The sub-contractors can file a lien if they have not been paid even if it was the general contractor's responsibility to pay them.
Mechanic's Lien FAQ's
Who can file a Mechanic's Lien in Colorado?
Most contractors or suppliers that are hired to make an improvement to a property have the right to file a mechanic's lien. This includes (but is not limited to):
- general contractors
- architects (private projects only)
- engineers (private projects only)
- Drywall contractors
What Happens if a Lien is Proven to be Invalid?
The rules and process for filing a lien must be followed according to Colorado law. Filing a lien for excessive amounts, incorrect property addresses, or outside the time frame set forth can result in an invalid lien. In this case the property owner may be awarded damages.
What if I Paid the Contractor but a Subcontractor has filed a lien on my Property?
General contractors are required to put money aside for the subcontractors under the Colorado Trust Fund Statute. If they have failed to do this the property owner may be able to sue the general contractor.
What Should I do if I Receive a Notice of Intent to File a Mechanic's Lien?
You should seek legal representation as quickly as possible. Ideally you will be able to stop the lien from being filed. In Colorado they have to issue the notice at least 10 days prior to filing the lien so the quicker you get legal help the better your chances are.