I got a response from the NOI I sent and I'm not sure how to handle it
2 replies
Jul 28, 2019
Getting a response to an NOI is generally good - at least lanes of communication have been opened. Hopefully, this means that you can get paid without needing to take the step of filing the lien itself. However, the next steps are determined by the content of the received response.
If the property owner is ready to pay the claim, provide them with the information necessary to do so. If they are contesting the payment or otherwise don't want to pay, filing the lien itself might be necessary.
Remember, just because you got a response to an NOI doesn't mean that the deadline to file a lien is effected. The deadline still exists, and if it is missed, any potential lien may be invalid and unenforceable. In Colorado, all lien claimants except laborers who don’t provide any materials to the project must file a Statement of Lien no later than 4 months after the last day labor or materials were provided to the project – punch list items and remedial work do not count to extend the time period. Although, for a one or two family home, the normal 4-month period in which a mechanics lien may be filed is shortened to 2 months if there is a bona fide purchaser of the dwelling.
For laborers who did not provide materials to the project, the lien must be filed after the last labor was performed and within 2 months of the completion of the improvement.
Accordingly, take advantage of the lines of communication that were opened by the NOI, and attempt to use them to get paid. If payment is not forthcoming, a lien filing may be necessary, and if it is, it must be filed within the appropriate deadline in order to be effective.
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May 3, 2022
I am still waiting for a reply to my Notice of Intent. It has only been a few days since it was sent so I will wait at least a week before determint my next course of action.