Lien Extension-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.

Document Title: Notice Extending Time to File Lien Statement

Scope: State of Colorado, Private Works.

Time Constraints: Any time after your Notice of Intent to File a Lien Statement has been served, but before 4 month limitation for the files of the Lien Statement.

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, so if the property is being conveyed, file a Lien Statement.

Colorado has an usual lien extension agreement – you actually request it before you file a mechanic’s lien. Within the applicable time period in subsections (4) and (6) of section 38-22-109(10) (where you must have filed a Lien Warning Notice) and subject to the provisions of section 38-22-135 (you may not file a request for extension past the legal time to file a mechanic’s lien) any lien claimant granted a lien pursuant to section 38-22-101 may file with the clerk and recorder of the county in which the real property is situated a notice stating 1) the legal description or address or such other description as will identify the real property; 2) the name of the person with whom he contracted; and 3) the claimant's name, address and telephone number.  One such notice may be filed upon more than one property, and in the case of a subdivision, one notice may describe all the part thereof upon which the claimant has or will have obtain a lien pursuant to section 38-22-101.  The filing of said notice shall serve as notice that said person may thereafter file a lien statement and shall extend the time for filing of the mechanic's lien statement to three months after the completion of the structure or other improvement.  The fee to be charged by the clerk and recorder for said filing shall be one dollar and fifty cents plus 25 cents for each address over two, and the clerk and recorder shall index said notices according to address, if stated.

Information Requirements: Program information and information for Exhibits A-D.  You will not need to fill out the information in the upper right hand corner of the Lien Extension printer setup as that legal information (book, page, etc.) is not required.

Form Types: Notice Extending Time to File Lien Statement, 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 Notice Extending Time to File Lien Statement served or filed. Serve on owner and general contractor.

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