Friday, April 23, 2010

Colorado Mechanics Lien "How To"

Liens filed on private property or on funds relating to a public project are known as Mechanic’s Liens. When a lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. Liens filed with regard to public projects attach to the funds held by the public owner. Contractors, as well as subcontractors, design professionals, sub-subcontractors and material suppliers can file a lien. If a company supplies material to a material supplier, they are not eligible to file a lien claim. Colorado does require that certain pre-lien notices be provided prior to a claimaint files a mechanics lien. At least 10 days prior to filing a lien statement, the claimant must provide a notice of intent to the owner and the prime contractor. One the pre-lien notice requirement is fulfilled, the claimant can file a lien. The filing of a construction lien statement must be completed within four months after the day on which the lien claimant last performed labor or furnished materials. LienItNow.com also prepares and serves Colorado Stop Notices. A Stop Notice is a notification that has the ability to enhance the effectiveness of a mechanic’s lien. A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project. Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim. The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid. For more information on filing a Colorado Construction Lien, a Colorado Mechanics Lien, or a Colorado pre-lien notice, please visit http://www.lienitnow.com/colorado-faq.asp.

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