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,…Read More
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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…Read More
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…
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…Read More
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…Read More
Yesterday I wrote a short article on why Sending a Colorado Notice of Intent to Lien Requires Planning. The reason? Because it is due before the mechanics lien can be filed, and requires a ten day waiting period.
There is a legal question buried in this discussion, however, that goes unanswered…Read More
A client recently contacted us with questions about Colorado’s Notice of Intent to Lien requirement, and specifically about the timing of sending this notice. After careful consideration of the question I realized that the Colorado Notice of Intent to Lien requirement is an easy one to meet, but that it…Read More
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…Read More
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…Read More
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…Read More