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Pay If Paid and Pay When Paid: Colorado

Financial Risk and Priority Battles in Construction Industry

Continuing our brief review of pay when paid and pay if paid clauses throughout the United States, this post examines these clauses under Colorado construction law. Colorado allows for both the timing mechanism of a pay when paid clause, and the burden-shifting of a pay if paid clause. Note, however, that if the desired effect […]

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Colorado Mechanics Lien Rights When Materials Specially Fabricated


We published an article last year about the mechanics lien rights for those companies who specially fabricate materials. The article – Special Mechanics Lien Rules for Specially Fabricated Materials – explains what usually qualifies as a “specially fabricated material” and outlines rules that exist in states who have addressed the issue.  We’ve updated the post […]

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Colorado Mechanics Lien Law: 5 Things to Know

Colorado liens get contractors paid

Notice of Intent to Lien is Mandatory Prior to Filing a Colorado Mechanics Lien Colorado does not require any notice prior to performing work on the project.  However, any party other than the prime contractor is allowed to file a Notice to Owner that has the effect of requiring the owner to withhold funds to […]

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Mechanics Liens: Mechanics Liens and … Criminal Law?

how to file liens

While browsing recent news stories involving mechanics liens, a very interesting headline popped up in my search results: “Sixteen People Arrested on Federal Indictment Involving Multi-State Car Theft Conspiracy.”  At first, I was surprised that such a story opened up after a search for “mechanics liens,” but after reading a little more about the case, […]

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Colorado Mechanics Lien Law: Court Rules on Exaggerated Lien Case

Mechanics Lien Exaggeration

The Lien blog recently posted about an interesting New York mechanics lien case in which the court refused to invalidate a mechanics lien until it had “credible evidence” that the claimant exaggerated the amount it claimed it was owed.  A recent case under Colorado mechanics lien law also addressed the issue of exaggerated liens. What […]

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Colorado Mechanics Lien Available Even When Tenants Contract For Work

Mechanics Lien Court Decisions

Construction projects come in many shapes and sizes. Some are private jobs commissioned by property owners.  Others are public projects commissioned by states, counties, municipalities or the federal government. Sometimes, there are even private projects commissioned to be performed on public property, which may present a mechanics lien conundrum. This blog post talks about a […]

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Mechanics Liens: Supreme Court Complicates Describing Property

Mechanics Lien Laws Can Confuse

Filing a mechanics lien means you’re placing an encumbrance against a specific piece of property. That encumbrance is recorded in a county’s property records, and so it is fundamental that the document presenting that encumbrance specifically and completely identify the property at issue. How is that done? Every state has different rules on what does […]

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Special Mechanic Lien Rules for Specially Fabricated Materials


Time and time again on this blog, I’ve said that if there is one lien law rule consistent from state to state, it’s that in order to qualify for a mechanics lien claim, the materials or labor you furnish must actually be incorporated into the jobsite’s property (click here to see mentions of “incorporation” on […]

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