Chapter 2 - § 2.3 • NOTICE OF INTENT

• Jurisdiction: Colorado

§ 2.3 • NOTICE OF INTENT

Unlike others, Colorado is not a "pre-lien" state — meaning that lien claimants are not required to record a notice before commencing work in order to be entitled to a lien. But Colorado does require that a notice be served before recording a lien.

§ 2.3.1—The Notice Process

At least 10 days prior to filing a lien statement, the claimant must serve a "notice of intent to file a lien statement" (see Exhibit 2C, "Statement of Mechanics' Lien with Notice of Intent to File a Lien Statement") on the owner of the property or his or her agent and the principal contractor or his or her agent, assuming the lien claimant is not the principal contractor. Such service can be done either by personal delivery, registered mail, or certified mail, return receipt requested, addressed to the last known address of such persons.⁵⁴

The notice of intent and the actual lien statement are typically two parts of the same form. The notice of intent essentially notifies the recipients that the sender intends to record the mechanics' lien that is part of the same document. This author recommends using Colorado Bar Association CLE's Bradforms™ No. 180A, "Statement of Mechanics' Lien with Notice of Intent to File a Lien Statement and Affidavits of Service" (Exhibit 2C to this chapter), which makes the process easier. To comply with the notice requirement, the lien claimant should do the following:

1) Complete a statement of lien that includes the following information:⁵⁵

a) The name(s) of the property owner(s), or reputed owner(s). If the name of the owner is unknown, this must be stated.
b) The name of the person claiming the lien.
c) The name of the person who furnished the materials or performed the labor for which the lien is claimed.
d) The name of the principal contractor. If the name of the principal contractor is unknown, this must be stated.
e) A description of the property to be charged with the lien. Both a legal description and street address should be provided. The description must be sufficient to identify the property.

f) A statement of the amount due. As addressed in § 2.4.2, filing a lien for a sum larger than is reasonably due can result in a forfeiture of the claimant's right to a mechanics' lien, plus the claimant can be liable for the opponent's costs and fees.
g) The claimant's signature, properly notarized.⁵⁶ The statement of lien may be signed by the claimant's attorney, but it is best if the client signs so that the attorney does not

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