Mechanics Liens

Clients often ask us

How am I to secure my right to payment for improvements on another’s property

As a general contractor or subcontractor, a mechanic’s lien may be your primary recourse when you are not getting paid.  A mechanic’s lien is a statutory lien against the property which gave rise to the work for which you are owed money.  It is a powerful remedy, but often involves complex issues and rules, especially with regards to the statutory deadlines.  

In Colorado, mechanic’s lien generally must be filed within 4 months of the last work or materials which were furnished.  An action to enforce the lien must then usually be initiated within 6 months after the completion of improvements.  It is important to remember that there are also strict rules regarding notice that must be provided to the owner of the affected property and the prime contractor prior to filing a mechanic’s lien.  Statutory deadlines vary from state to state and time is often short to protect your interests.  For this reason, it is imperative to take early action when you are not receiving payment. 

In addition to following the deadlines, careful attention must be paid to the calculation of the amount to be included in the lien statement.  Overstatement of the amount owed or the inclusion of certain items which are not lienable may result in forfeiture of lien rights.  

Mechanics lien issues can be difficult to navigate and things must often move relatively quickly in order to stay within the statutory deadlines.  Our attorneys have the knowledge and experience to guide you through this process, whether you are the person filing the lien or defending against a lien foreclosure.