1972, February, Pg. 21. Mechanics' Liens.

• Author: by Jack Levine

1 Colo.Law. 21

Colorado Lawyer

1972.

1972, February, Pg. 21.

Mechanics' Liens

21"1972, February, Pg. 21" Mechanics' Liensby Jack LevineJack Levine, Denver, is a partner in the firm of Dickerson and Levine. He has specialized in representing the mortgage lender, contractor, and subcontractor.Sooner or later most Colorado lawyers have the opportunity to become involved in a mechanics' lien case. In most instances, the following conversation is held with the prospective client:Client: "This is Mr. Jones, and I'd like to know if you can prepare a lien claim for me, and what it will cost?"Attorney: "Yes sir, I can. What does it involve?"

Client: "Well, I did some work for this fellow, and he hasn't been paying me as he promised, and I would expect I'm going to have some trouble with him and I want to protect my lien rights."

Attorney: "Can you give me some of the details?"

Client: "Well, the fellow I work for is a builder by the name of "Red," and I really don't know the exact name he goes by, but this is a big project out in the new developments on the west side of town, and there's some talk that he has run short of money." Attorney: "Do you know the address of the work involved, or the name of the company or the owner of the property?"

Client: "No, but I think I can find out. I'll get that information to you within the next day or so, because I think my 90-day lien period is running out."

The above conversation has for many years been the normal type of introduction

22that the Colorado lawyer has had in dealing with mechanics' liens. In most instances, the lawyer realizes that private construction is covered under the General Mechanics' Lien Section, 1963 CRS as amended (86---3), and that the provisions do not apply to public work contracts, which are covered by 1963 CRS as amended (86---7). Brief research would indicate that the statutory lien section of CRS as amended covers ditches (Article 4); oil and gas wells and equipment (Article 5); and contractor's bonds for public works (Article 7). The General Mechanics' Lien law deals with "any building, mill, manufactory, bridge, ditch, loom, aqueduct, reservoir, tunnel, fence, railroad, wagon road, tramway, and every structure or other improvement mentioned in this article, constructed, attend, added to, removed to, or repaired, either in whole or in part, upon any land" (86-3-5 (1) (excluding those already provided for in 86-4 pertaining to ditch owners)).

Preparation of a Mechanics' Lien ClaimIn Colorado, the law provides that a person who has added to or improved real property...