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What Is The Deadline To Foreclose On A Mechanic’s Lien In Colorado?

Posted January 08, 2024 in Uncategorized

What Is The Deadline To Foreclose On A Mechanic's Lien In Colorado?

WHAT IS THE DEADLINE TO FILE A LAWSUIT TO FORECLOSE ON A MECHANIC’S LIEN? SIX MONTHS AFTER THE LAST WORK OR LABOR IS PERFORMED, MATERIALS FURNISHED, OR COMPLETION OF THE BUILDING/IMPROVEMENT. THE RIGHT TO ENFORCE THE LIEN IS LOST IF THE OWNER FAILS TO COMMENCE THE LAWSUIT WITHIN THE TIME LIMIT.

The relevant statute is quoted below.

No lien claimed by virtue of this article, as against the owner of the property or as against one primarily liable for the debt upon which the lien is based or as against anyone who is neither the owner of the property nor one primarily liable for such debt, shall hold the property longer than six months after the last work or labor is performed, or laborers or materials are furnished, or after the completion of the building, structure, or other improvement, or the completion of the alteration, addition to, or repair thereof, as prescribed in section 38-22-109, unless an action has been commenced within that time to enforce the same, and unless also a notice stating that such action has been commenced is filed for record within that time in the office of the county clerk and recorder of the county in which said property is situate. Where two or more liens are claimed of record against the same property, the commencement of any action and the filing of the notice of the commencement of such action within that time by any one or more of such lien claimants in which action all the lien claimants as appear of record are made parties, either plaintiff or defendant shall be sufficient.

C.R.S. 38-22-110 (statute as of April 2023).

Be mindful of some nuances to this statutory deadline.

  1. The later of the three dates above applies.
  2. Trivial imperfections cannot be relied on to extend the deadline. C.R.S. 38-22-109
  3. Abandonment of work for three months will be seen as completion for purposes of the deadline. C.R.S. 38-22-109

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The information contained on this website is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter.  Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may request a consultation by calling us as 303-268-2867 or completing a consultation request form.

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