1973, June, Pg. 7. How to Prepare and File Mechanic's Liens.

• Author: by Jack E. Levine

2 Colo.Law. 7

The Colorado Lawyer

1973.

1973, June, Pg. 7.

How to Prepare and File Mechanic's Liens

7Vol. 2, No. 8, Pg. 7How to Prepare and File Mechanic's Liensby Jack E. LevineThis article describes the steps in filing a general mechanic's lien on real property in the state of Colorado which is not under federal, state or local governmental contract. All statutory references are to the general mechanic's lien statute, Colorado Revised Statutes Annotated (1963), Chapter 86, Section 3, as amended by the 1965 Permanent Supplement.

Preparing the Lien StatementInitially, the problem is to prepare a statement of lien as required by section 86-3-9(1). The standard form most often used is the Bradford-Robinson Form 180A, which has provisions for the requirements as set forth in the act. The act requires the following:

1. The name of the claimant, which is that of the person or company which provided the labor or materials and is seeking the recourse provided by the various provision of the act (§ 86-3-9 (1)(c)).

2. The name of the owner or reputed owner of the property (§ 86-3-9(1)(b)), including "landlord or vendor who by lease or contract shall have authorized such improvements" (§ 86-3-5(1)), unless the landlord or vendor shall have given notice or posted (§ 86-3-5(2)). By case decision, this includes optionee,(fn1) equitable ownership,(fn2) or any assignable, transferable, conveyable interest.(fn3) You may have some difficulty in ascertaining the name of the owner or reputed owner, particularly in new subdivisions. Section 86-3-9(1)(b) of the act provides that "in case such name be not known, a statement to that effect may be used." Many times it is necessary to check with the assessor's office, title companies, and the building department in charge of issuing building permits in order to come up with the name or names of "reputed owners." There is nothing to be lost in filling in the name of one or more owners if there is some question in your mind with regard to true ownership of the property.

3. The status of the lien claimant as "subcontractor" or "principal contractor" can be confusing. Section 86-3-1(3) of the act provides that contracts for improvements in excess of $500 must be in writing and recorded. If not, "the labor and materials furnished... shall be deemed to have been done and furnished at the personal...