While the term “mechanic’s lien” may cause you to imagine a lien placed on a vehicle for unpaid repair costs, these types of liens are actually attached to real property (land or buildings) by parties who have supplied materials or labor to improve the property. For example, if you were to have your kitchen remodeled by a contractor, you may be facing a mechanic’s lien from a subcontractor even if you have paid all of your debts to your contractors. If this occurs, you will be unable to refinance or sell your home without dealing with the lien and may even be facing foreclosure.
Colorado Mechanic’s Liens are Subject to Strict Filing Requirements
Fortunately for homeowners, there are strict rules regarding filing for an obtaining a mechanic’s lien on a piece of property. For example, these liens must be filed within four months after the last delivery of materials or performance of labor, unless only labor was performed, in which case it must be filed within two months of the last performance of labor. Additionally, before a lien can be filed, the party seeking the lien must file a notice of intent to file at least 10 days before filing. In addition, the notice must be served upon the property owner (and prime contractor, if the party filing the lien is a subcontractor) in order to give them an opportunity to resolve the situation. Some of the issues that may result in a defective mechanic’s lien in Colorado include the following:
- Failure to meet the timelines associated with filing a mechanic’s lien;
- The work is still in progress;
- The lien statement does not contain the necessary information; and
- The work performed was outside of the scope of your original contact.
What to Do if You Have a Mechanic’s Lien Placed on your Property
If you receive a notice of intent to file a lien or a lien has already been placed on your property, you should contact an experienced Denver real estate attorney as soon as possible. Your lawyer will review your case and determine if there any defenses to the lien and whether there were any procedural defects in the way it was filed.
Call Robinson & Henry, P.C. Today to Schedule a Free Consultation with a Denver Mechanic’s Lien Attorney
If you have found yourself in the unfortunate situation of having a mechanic’s lien on your property, you should speak with a skilled Denver mechanic’s lien attorney at once. To learn how we can help you, call Robinson & Henry, P.C. today at 303-688-0944.