Mechanics Liens - Colorado Construction Law

Information About Mechanics Liens in the State of Colorado

As a contractor or subcontractor in the construction business, you may be able to file a mechanic’s lien if you are not paid for services that you have provided. Colorado law places several restrictions on filing a mechanic’s lien, including when the lien can be filed and how long before proceedings can be brought against the owner or developer. An experienced construction litigation attorney with an extensive knowledge of Colorado Construction law will be able to represent your company throughout the process and help you receive the money that is rightfully owed to you.

What is a mechanic’s lien?

A mechanic’s lien is defined as any claim that is placed on a property in order to receive payment for work performed or materials that have been provided. These liens prevent property owners from making profits on property before paying all of their contractors and subcontractors. While filing a mechanic’s lien against a property can be an effective negotiating tool for obtaining money owed, its success is absolutely dependent on following the law carefully.

According to Colorado lien statute, C.R.S. § 38-22-101, lienors must give proper Notice of the Intent to File a Lien. Usually, contractors or subcontractors have a short window in which to file this notice and begin the lien process. Once the notice is filed, the lienor must then commence litigation within six months from the last day that services were performed. Once this time frame has passed, the lien must be removed. Unfortunately, Colorado’s construction law can be extremely complicated. Many contractors and subcontractors, who choose to represent themselves, fail to follow the appropriate legal steps when attempting to file a mechanic’s lien. As a result, they never receive the money that is owed to them.

Mechanic’s lien’s can become even more complicated when the owner has paid the contractor for work, but has failed to pay their subcontractors. As a subcontractor, you may still have a right to file a mechanic’s lien against the property. A construction litigation attorney will be able to help determine what your legal rights are and help you proceed accordingly.

If you are contemplating filing a mechanic’s lien, contact a qualified construction litigation attorney immediately to ensure that your lien is filed quickly. Our attorneys are skilled at handling a variety of construction law cases, including mechanic’s liens. We represent property owners, contractors, subcontractors, design professionals, laborers, materials suppliers and other third parties involved in the construction process. The right legal representation could make a difference between settling your claim quickly and a lengthy litigation process.

Colorado construction law lawyer Jeffery A. Knoll is committed to resolving issues related to your mechanics lien. If you have questions about protecting yourself or your company from costly construction litigation, our law firm can help. Your initial consultation is always free. We are Colorado’s construction litigation law firm. Call today at (303) 985-1185.