Legal Question in Construction Law in Colorado

Mechanics lien

I have heard that the time frame for filing a mechanics lien is within 4 months after the day the last labor was performed, but I was also told that some liens can be filed within two months after the completion of the building or structure. Which is it? Does it depend on the type of work being done? Also does the work by an interior designer, labeled as ''design services'' qualify to file for a mechanics lien?


Asked on 1/05/07, 2:45 am

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: Mechanics lien

Morning,

The time frame depends on what exactly was provided. Laborers by day or piece, without furnishing materials, must file no later than 2 months after the improvement is completed. 38-22-109(4).

All others (including general contractors, subcontractors, suppliers and so on) no later than 4 months after that last day on which labor is performed or the material furnished. 38-22-109(5). If it is a single or two family dwelling, it must be no later than 2 months after completion or conveyance, whichever is first.

In short, it depends on the contract and what was provided.

While there are no cases involving interior designers, I would say that interior designers are covered and can file a mechanics lien. Again, it depends on the facts.

The time frame, the substance of the statement, the amount and service are all critical when claiming a mechanics lien. Either learn the law very, very well or talk to a construction attorney. Good luck.

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Answered on 1/05/07, 11:27 am


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