Bond or Lien Claim, Private Work

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Lien Statement

Scope: State of Colorado, Private Works.

Time Constraints: Any time 10 days after your Notice of Intent to File a Lien Statement has been served, file the Lien Statement within 4 months of last furnishing labor, materials or services.

Important: For bona fide purchasers of single or double family residences, the Lien Statement must be filed within two months of the conveyance of the property.

You may extend the time to four months after the project completed, 6 months after the extension recording, whichever occurs first, if the recording extension is within four months of last furnishing of labor or materials. See All States, Bond or Lien Claim Extension Form, for more information on preparing a Bond or Lien Claim Extension.

Important: For bona fide purchasers of single or double family residences, the Bond or Lien Claim Extension must be filed within one month of the conveyance of property.

Important: SubMaterial man may not have a right of claim if solely the supplier of a subcontractor.

Perfection: To perfect your mechanic's lien, you must file suit to foreclose the lien within 6 months of your last furnishing or within 6 months after completion of the project, which ever comes first. In the event that the project continues more than 1 year after filing your Lien Statement, the lien claimant must file an Affidavit of Non-Completion within 30 days after the first anniversary of filing your Lien Statement and each year thereafter until the completion of the project. A Lis Pendens should be filed at the same time.

Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Mechanic's Lien file suit against the sureties within the time frame set forth in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, a copy of the complete statement of the account, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Stop Notices and Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Mechanic's or Materials man’s Lien, Exhibit’s A-D, if needed and Recorder's Letter.

Procedures: Prepare your documents using the required information. Be sure to include a complete copy of account statement for each of the Lien Statements served or filed. You can file your mechanic's lien immediately.

At this point you are ready to file suit to enforce all of your claims in one action.

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