Denver Mechanics Lien Lawyer

When it comes to construction and real estate projects in Denver, mechanics liens are a critical tool for contractors, subcontractors, suppliers, and property owners alike. These legal instruments provide a pathway to secure payment for work performed or materials supplied. However, navigating the complexities of Colorado’s mechanic’s lien laws requires a deep understanding of the legal landscape and the specific procedures that must be followed. At Baker Law Group, we are dedicated to providing comprehensive legal services for those involved in mechanics lien disputes in Denver. If you are facing a mechanics lien issue, contact one of our experienced Denver mechanics lien attorneys today. 

What Is a Mechanics Lien?

A mechanics lien is a legal claim against a property that has been remodeled or improved. In Colorado, it is designed to protect contractors, subcontractors, and suppliers by ensuring they receive payment for their labor or materials. If the property owner fails to pay, the mechanics lien grants the right to pursue foreclosure on the property to recover the amount owed. This makes the lien a powerful tool for those in the construction industry, but also one that requires careful adherence to Colorado’s specific legal requirements.

Legal Requirements for Filing a Mechanics Lien in Denver

Filing a mechanics lien in Denver involves several critical steps, each governed by Colorado Revised Statutes (C.R.S.). The following are key points to consider:

1. Timely Filing: In Colorado, a mechanics lien must be filed within four months (120 days) after the last day of work or the last supply of materials on the project C.R.S. § 38-22-109. Failing to file within this timeframe can result in the forfeiture of lien rights.
2. Notice of Intent to Lien: Before filing the lien, you must serve a Notice of Intent to Lien on the property owner at least 10 days prior to filing the lien . This step is crucial as it provides the property owner with an opportunity to settle the debt before the lien is officially filed.
3. Content of the Lien: The lien document must include specific information such as the amount owed, a description of the work performed or materials supplied, and the legal description of the property. It must also be signed and sworn to by the claimant.
4. Enforcement of the Lien: If the debt remains unpaid, the lienholder has six months from the date the lien was filed to initiate a foreclosure lawsuit to enforce the lien. Failure to do so within this period will result in the expiration of the lien.

Common Issues in Mechanics Lien Cases

Mechanics lien cases can become highly contentious, particularly when significant sums of money are at stake. Common issues include:

• Disputes Over Payment Amounts: Often, there is disagreement over the amount of money owed for work performed or materials supplied. This can involve disputes over the quality of work, adherence to contract terms, or the calculation of costs.
• Improper Filing: A mechanics lien must be filed correctly, with all statutory requirements met. Errors in the filing process, such as incorrect information or missed deadlines, can render the lien invalid.
• Lien Waivers: Some contracts include lien waivers, which can limit or eliminate the right to file a mechanics lien. It’s important to carefully review any contract for such clauses before signing.
• Multiple Liens on the Same Property: In complex construction projects, multiple parties may file liens against the same property. This can create a hierarchy of claims, and resolving these competing interests requires skilled legal intervention.

How Baker Law Group Can Help

At Baker Law Group, our experienced Denver real estate lawyers are committed to protecting your legal rights and ensuring you receive the compensation you are owed. Whether you are a contractor seeking to file a lien or a property owner facing a lien claim, we provide tailored legal solutions to meet your needs.

For Contractors and Subcontractors

If you are a contractor or subcontractor looking to secure payment through a mechanics lien, our services include:

• Lien Filing and Documentation: We ensure that your lien is filed correctly, with all necessary information included and within the required timeframe. Our attention to detail helps avoid common pitfalls that can invalidate a lien.
• Legal Representation in Disputes: Should a dispute arise over the amount owed or the validity of the lien, we provide robust legal representation to protect your interests. Our goal is to achieve a favorable resolution, whether through negotiation or litigation.
• Enforcement of Liens: If payment is not forthcoming, we assist in the enforcement of the lien through foreclosure proceedings. This process can be complex, but with our guidance, you can navigate it with confidence.

For Property Owners

If you are a property owner facing a mechanics lien, Baker Law Group can assist you in several ways:

• Dispute Resolution: We work to resolve disputes over the validity or amount of the lien. This may involve negotiating with the lienholder or challenging the lien in court if it has been improperly filed.
• Lien Removal: If a lien has been wrongfully filed, we take swift action to have it removed. This can include filing a motion to dismiss the lien or reaching a settlement with the lienholder.
• Preventive Measures: We provide advice on how to prevent liens from being filed in the first place, including the use of lien waivers and careful contract management.

The Importance of Legal Accuracy and Client Satisfaction

At Baker Law Group, we understand that mechanics lien cases are not just about securing payment—they are about protecting your business and your property. Our commitment to legal accuracy means that we stay current with the latest developments in Colorado lien law, ensuring that you receive the best possible legal advice. We also place a high value on client satisfaction, offering responsive service and clear communication throughout your case.

Contact a Denver Mechanics Lien Lawyer

If you are involved in a mechanics lien dispute in Denver, Baker Law Group is here to help. Our experienced attorneys can guide you through every step of the process, from filing a lien to defending against one. Contact us today to schedule a consultation with a Denver mechanics lien lawyer who is dedicated to protecting your rights and achieving a successful outcome for your case.