Colorado Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Six months after completion of the project, the date of last work performed, or the date of last materials furnished, whichever is later; or. One year after filing the lien.

When a person or entity files a spurious lien, Colorado law provides for an expedited process whereby a property owner can dispose of this lien. Under this law, a property owner can file a petition in Court, and the Court will issue an order to the person or entity that filed the lien to explain why the lien is valid.

Removing a Lien The lien release section must be properly signed and dated by the financial institution or lien holder. Upon receipt of the proper documents, an application for title will be completed and a clear title will be issued.

A Mechanic's Lien Statement must contain the name of the owner or reputed owner of the property, the name of the lien claimant, the name of the person who furnished the material or performed the labor, and the name of the contractor. § 38-22-109(1).

What to Do If a Mechanics' Lien is Recorded Against Your Property. The first and best action you can take when a Mechanics' Lien is filed against you, or you receive a Notice of Intent to File a Lien statement, is to contact a knowledgeable real estate attorney in your area.

The Colorado Mechanics Lien Release Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. However, they may also be released based on settlements, legal controversies, because they expired, or more.

A mechanic's lien form is a standard form that must contain: (1) the name of the property owner; (2) the lien claimant (i.e. the person claiming the lien); (3) a description of the property against which the lien is being filed; and (4) a statement of the amount due or owed.

Colorado: Colorado's lien statute is relatively straightforward, and the written contract requirement is based on the contract price. The relevant part of the statute states that if the amount to be paid exceeds $500, the contract must be in writing in order to claim a mechanics lien.

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Colorado Construction or Mechanics Lien Questionnaire