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Do I need to send another Notice of Intent to Lien because the amount owed has decreased?

ColoradoPreliminary Notice

I'm a material supplier hired by a subcontractor on a commercial job in Colorado. I sent a notice of intent to lien. The customer paid some of the outstanding balance but still owes some. If I proceed with filing a lien, do I need to send a new Notice of Intent for a decreased amount first (the previous one has a higher outstanding amount than the current balance).

1 reply

Dec 28, 2017

First and foremost, if the deadline is fast approaching or has already passed for sending such notice, sending an amended notice would not be wise. Specifically, a Colorado Notice of Intent to Lien must be sent at least 10 days before a lien is filed. Thus, if the lien deadline would be a tight window after waiting 10 days after a Notice of Intent to Lien is filed, it might be unwise to send an amended notice. However, Colorado does provide for amended notice in the lien statute. Under § 38-22-109(6) of the Colorado lien statute, "New or amended statements may be filed within the periods provided in this section for the purpose of curing any mistake or for the purpose of more fully complying with the provisions of this article." Note that the statute used the phrase "may be filed" rather than "must be filed." So, as long as no deadlines would be put in jeopardy, best practice may be to amend a Notice of Intent to Lien, but it does not appear to be a hardline requirement. Doing so (again, only if it will not put any deadlines in jeopardy) might be a useful exercise, though, in attempting to recover payment before actually having to file a lien.

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