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In Colorado what has to be done for me to have a lien removed that was filed 39 days past the 120 day deadline?

ColoradoLien Releases

My roofer put a lien on my property on 3/14/20 but the job was completed on 10/8/19 some 159 days past completion date. I have an email sent to me by the companys office manager on 10/8/20 informing me that they have completed the job. Since I have a job completion letter, making it harder to dispute completion date, do I really need to hire a lawyer to have it removed or is it simple enough that I can do it on my own? Also, if I end up hiring a lawyer to to do it and we win removal of lien will they be responsible for my lawyers fee?

1 reply

Apr 13, 2020

If a mechanics lien has been filed late, an owner should be able to get the lien tossed aside. First, let's look at the deadline to file a lien. Then, we can quickly cover some options for getting the lien thrown out.

Colorado's mechanics lien deadline

In Colorado, the deadline to file a mechanics lien is typically 4 months after the last day when labor or materials were furnished to the project. However, for a laborer who didn't furnish any material to the project, this will actually be 2 months from the overall completion of the project (rather than based off of the claimant's specific last furnishing date.

Removing a Colorado mechanics lien from your property

First, owners can often threaten legal action in order to convince a lien claimant to release their own lien. If the claimant understands that their lien is invalid and that you're prepared to force them to release the lien, they may be more willing to release their own lien. Plus, if you threaten to pursue damages for the improper lien - including attorney fees - that might provide more incentive to convince them to release their lien claim. As far as official measures to have a lien removed - it's generally a good idea to use an attorney to challenge a lien claim, and it may even be required. Formally challenging a mechanics lien means you'll need to file an action with the court to show why the lien is improper and should be released. If your property is owned by an entity (like a trust, LLC, partnership, etc.) then you won't be able to proceed by yourself before the court - you'd need an attorney. But, even if you do own the property yourself, it's still smart to use an attorney. Regarding attorney fees - attorney fees are clearly recoverable when a claimant has filed an excessive mechanics lien. For other issues, it's not immediately clear whether attorney fees will be awarded if you're successful. With that being said, it's entirely common for courts to award attorney fees to the prevailing party - so it's certainly possible. Consulting with a Colorado construction attorney could help to clear that up, though. Finally, I think this article might be useful to you: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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