Full question:
My company has a mechanics lien recorded in Colorado. After recording we realized we had another amount to bill. Do we file a second lien for the amount billed? Do we release the first lien and file a second for the total amount owed?
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Texas
Answer:
The answer depends on the timing involved. In Colorado, you can file new or amended lien statements within the time limits set by the mechanic's lien statutes. This can be done to correct mistakes or to comply more fully with the statutes. Mistakes can be corrected in amended lien statements, but these must be filed within the same time frame as the initial lien statements (Colo. Rev. Stat. § 38-22-109(6)).
To preserve your lien, you must also serve a notice of intent to file a lien statement at least ten days before filing it with the county clerk and recorder. This notice must be served on the property owner or their agent and the prime contractor (Colo. Rev. Stat. § 38-22-109(3)).
If you have additional amounts to bill, you may choose to amend the original lien statement to include this new amount, provided you do so within the required timeframe. Alternatively, you could release the first lien and file a new one for the total amount owed, also within the appropriate time limits.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.