Filing a Mechanic’s Lien: Understanding the Process

In an article published on September 26, 2023, in Mile High CRE, Jennifer Knight Lang discusses how mechanics’ liens are helpful tools to secure payment for work performed or labor, materials or equipment furnished for construction projects. She also provides insight into the process of filing mechanic’s liens and how to comply with Colorado’s mechanics’ lien statute.  

“As long as a party strictly complies with the statutory requirement for perfecting and recording a mechanic’s lien, courts will liberally construe the remedial provisions of the statute to protect those who provide value to construction projects,” explains Lang. 

Lang provides further detail on the requirements of recording mechanics’ lien statements, the process for filing a mechanic’s lien and the types of properties subject to liens. 

“Per the statute, the deadline to record a lien statement is four months (not 120 days) after the last work performed or last material delivered by the claimant. At least 10 days before recording a lien statement, a notice of intent to file a lien statement must be served upon the owner (or reputed owner/owner’s agent) of the property and the principal or prime contractor (or its agent),” says Lang. “The notice must be served either by personal service or registered or certified mail, return receipt requested, at the recipients’ last known address. Affidavits of service or mailing of the notice must be recorded with the lien statement.”

Read the full article in Mile High CRE

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