The Colorado mechanics lien statutes must be strictly adhered to for the successful prosecution of a mechanics lien. A notice of intent to file the lien must be sent to the general contractor and owner of the property at least 10 days before the statement of lien can be filed in the Office of the Clerk and Recorder. Usually, the parties work out their differences and nothing else happens after this. If they don’t, the aggrieved worker or company has 6 months from the last day of work performed in order to file a lawsuit to foreclose the mechanics lien.
The vast majority of time, the mechanics lien foreclosure is just one portion of the lawsuit. A worker or a company providing goods and services to improvements of real property may have other claims, such as breach of express and implied contract, conversion, unjust enrichment, quantum meruit, civil theft, and violation of the Colorado Trust Fund Statute, in addition to the mechanics lien claim.
If you find yourself in this situation, David A. Sprecace has more than 23 years of experience working with contractors and mechanics liens. Call 303-454-8260 or email Dave at Dave@MyTaxLex.com to set up a phone consultation.