Colorado

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COMMERCIAL:

  • Upfront Notice: BICA sends a Courtesy Notice.
  • Follow-up Notice (if not paid):
    • Notice to Owner/Disburser:
      • This is an optional notice.
      • This is really two notices, but BICA combines them into a single “combo” notice.
        • The Notice to Owner requires the Owner to withhold the amount claimed from payments to the General Contractor.
        • The Notice to Disburser requires the disburser (lender, or other person disbursing money) to pay you directly the amount due.
      • This notice is available on the BICA member portal.
  • Notice of Intent to File Lien:
    • Must be sent at least 11 days before filing the lien (10 full days must pass so the Lien can be filed on the 11th day after sending the Intent to Lien).
    • This notice requires additional research and preparation of the lien which must be attached.
    • It can be requested by emailing BICA.
    • Since the lien will essentially be prepared, BICA can then file the lien 11 days later, if desired.

RESIDENTIAL:

  • Upfront Notice: BICA sends a Courtesy Notice.
  • Follow-up Notice (if not paid):
    • No lien is available if a residential owner has already paid the principal contractor or subcontractor for purposes of payment to subcontractors or suppliers. They must look to the contractor for payment.
    • Otherwise, BICA offers the same follow-up notices as for a Commercial job.

PUBLIC:

  • Upfront Notice: BICA sends a Courtesy Notice.
  • Follow-up Notice (if not paid):
    • Verified Statement of Claim (Stop Notice):
      • Required to be filed before the date of advertised final settlement.
        • The owner must advertise at least 10 days prior the final settlement date at least twice in a public newspaper in the job county.
      • This notice requires the public entity to withhold sufficient funds for the claim.
      • Suit must be filed within 90 days of final settlement.
      • The Verified Statement of Claim requires special handling, similar to a Stop Notice.
      • You may request this filing by directly emailing or contacting BICA.