Legal Question in Construction Law in Colorado

Mechanic's Lien

I sent a General Contractor an Intent to File Lien form. I recieved a letter from his attorney, and while speaking to the attorney on the phone, he advised me that Colorado State law states I must send him all evidence I have in regard to the lien, he will review it, and inform me whether they agree a lien is warranted. The attorney states he will ''sue me for all I'm worth'' if I record the lien before presenting him with all evidence. The attorney states that I will be violating the law if I file the lien now, because he has requested the evidence prior to me filing the lien. The attorney was a complete ass, and just kept telling me how bad he was going to sue me, he was totally unreasonable and would not even listen to why the Contractor owed me the money. His only statements were the above concerning Colorado Law. Is any of this true, and what would you suggest I do?


Asked on 8/21/04, 5:42 pm

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: Mechanic's Lien

I am not aware of any Colorado law that requires you to present evidence prior to filing a lien after the 10 day notice period. If you cannot prove the amount owed, there are penalties for filing a "spurious" lien, but you need not make the proof prior to filing.

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Answered on 8/23/04, 11:49 am


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