Warning: All information contained within this
data base is subject to change at any time by the various states
and is not guaranteed in any way by Lienwriter.com, LLC. Nor
does Lienwriter.com, LLC. assume any liability or responsibility
for it's content. Please use in conjunction with advice from
your attorney.
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 to Owner (Private Work)
Scope: State of Colorado, Private Work.
Time Constraints: While this notice is not specifically
required by this state (See 'Important' below). Send any time
after the start of furnishing labor, materials or equipment.
File a Notice of Intent to Lien at least 10 days before recording
a lien. See Colorado Lien Warning Notice, Private Work, for
more information.
In C.R.S. 38-22-102(4), the Colorado statutes allow most parties
protected by Colorado mechanic's lien law to file a this notice
(except the principal contractor) that places a duty upon the
person who contracted with the principal contractor to insure
that payment has been made to the noticing party or to withhold
sufficient funds to satisfy the amount set out in the notice
and any lien that may be filed as a result of nonpayment.
The notice afforded by 38-22-102 is seldom used,
perhaps because subcontractors and suppliers fear that placing
an owner or other party on notice prior to a "problem"
arising might, in some way, alienate them. Parties should carefully
weigh the valuable benefits arising from the notice before casually
dismissing its use.
Our Notice also includes the language for the
disburser to provide all information on party payments, in part:
C.R.S. 38-22-126(2) provides that "It is
the duty of the disburser, prior to the first disbursement,
to see that there has been recorded in the office of the county
clerk and recorder of the county where the land to be improved
is situated, a notice (Notice by Disburser) stating the name
and address of the owner, the names, addresses, and telephone
numbers of the principal contractor, if any, and the disburser,
and the legal description of the land and its address, if any.”
Information Requirements: The information required
by the program.
Form Types: Preliminary Notice for Furnishing
labor, Materials or Equipment.
Procedures: Enter the program data, including
additional Legal Parties or Releases for Other Companies. Copies
of all of the forms should be sent to the owner and general
contractor, if any.
Important: This notice has no legal effect for
this state except as an advisory to the parties involved in
a job. It is not required nor necessary to the establishment
of your lien rights.
Colorado
Preliminary Notice-Public Work
Warning: All information contained within this
data base is subject to change at any time by the various states
and is not guaranteed in any way by Lienwriter.com, LLC. Nor
does Lienwriter.com, LLC. assume any liability or responsibility
for it's content. Please use in conjunction with advice from
your attorney.
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.
Description: Notice of Right to Lien and Request
for Copy of public Bond.
Scope: State of Colorado, Public Work.
Time Constraints: Send anytime after the start
of furnishing. There is no preliminary notice requirement in
the State of Colorado. However, you may have right to a Public
Improvement lien on unpaid funds and Colorado is one of the
states where public entities require a bond on all public jobs
(over $50,000). Under $50,000 a bond is optional. Since that
bond can be liened it is handy to know the facts of the bond.
If you do not have a copy of the surety bond already, we strongly
urge you to send this form. If you do have the information,
you are ready to file your public lien claim.
Information Requirements: The information required
by program.
Form Types: Notice of Right to Lien and Request
for Copy of public Bond, Exhibits A-D (if needed) and Owner
Letter (if used).
Procedures: Enter the program data, including
additional Legal Parties or Releases for Other Companies. Copies
of all of the forms must be sent to all public entities involved
Important: Obtaining the public bond information,
and filing against that bond, may represent your only chance
of recovery if all public funds have been disbursed. We strongly
urge you to obtain this information if at all possible.
