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If we receive a partial payment, does that reset the deadline to file a lien?

Colorado

Our last delivery of product was in December 2022. Installs of this product has been postponed for 3 months and we have not received payment for the product that has been delivered.

3 replies

Mar 30, 2023

Partial payment does not affect deadlines. Deadlines are by statute. Under certain circumstances, you can file a Notice of Extention which will extend your liens. Generally, you have 4 months to file to file if you provide labor and material. Other deadlines apply if you solely provide labor or supplies to the project. Word to the wise, make sure everything is correct because any mistake/ommission may be fatal to the lien. Consult an attorney if the amount involved is siginificant to make sure there are no errors in filing.

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Mar 30, 2023

By product I assume you mean either material or equipment that was used in the construction, alteration, or repair of any structure, or an improvement upon the land itself. 

Assuming this is material and equipment that qualifies for a mechanics' lien, the partial payment does not alter the time that you must foreclose on the lien. 

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Mar 31, 2023

Partial payment does not extend a deadline to file a lien.

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