M
14 Arvada Press
October 25, 2012
ourcolorado
.com
TO ADVERTISE CALL LINDA WORK AT 303-566-4072
ECHANIC’S
John Kokish Kokish & Goldmanis, P.C. 380 Perry St., #220 Castle Rock, CO 80104 (303) 688-3535 jkokish@kgattys.com
S
o, you want to build a redwood deck on the back of your home. You contact Joe Contractor and he agrees to build it for $15,000.00. You pay him $5,000.00 down, make progress payments to him and pay the remaining amount at the time the project is finished. You love your deck. Two weeks later, you receive a notice from ABC Lumber Company.
Joe Contractor did not bother paying for the 2x4s and other lumber which he used to build your deck, and the supplier now wants his $10,000.00 for the lumber. The supplier is threatening to place a mechanic’s lien on your property unless he is paid. A mechanic’s lien is a tool used by contractors, workers and suppliers for payment for work that has been done on your property which improves it. You are obviously upset because you paid the full amount to Joe Contractor, and expected him to
pay his supplier, only he did not. Well, Colorado law has protected you. In residential properties, as long as the contractor is paid, any lien placed upon your property by a subcontractor or supplier is invalid and any suit brought on that lien will be dismissed. Still, it is a nuisance and could take up to a year for a title company to remove the lien from your property. If you own a commercial property, the Colorado statute discussed above does not apply. However, commer-
$250,000
Beautiful ranch backs to Pinery Lake in Parker Once in a lifetime opportunity to own a property backing to open space with a lake and unobstructed mountain views. Living here the trails, lake and views become part of your life like nowhere else.
A true gem. Beautiful Parker home for only $250,000. 3 Bed, 3 Bath, 1912 Sq Ft. plus unfinished basement. Beautiful home on cul-de-sac. HOA includes membership to Stroh Ranch Rec Center. This Melody home is in Wonderful Condition. It’s got a great floor plan and wonderful flow between rooms.
www.24KRealEstate.net
Got an open house or home for rent? Call Linda Work at 303-566-4072 for adverising information.
Also, the lien statement must be complete and accurate, and must be served on the owner of the property and the general contractor at least ten days before it is recorded in the office of the clerk and recorder of the county in which the property is located. Failure to be accurate and to serve the right parties renders the lien invalid. Timing is also important for the lien to be valid. It must be recorded no later than four months from the time the last substantial work is done on the property, if labor and materials are involved. If the lien is for labor only, then it must be filed no more than two months from the time the project is completed. Finally, the lien expires unless suit is brought on the lien no later than six months after the lien is recorded. So whether you are a property owner concerned that liens could be placed against your property and result in a lawsuit, or a contractor, subcontractor or supplier who wants to get paid for the work he or she has done to improve your property, there are many rules and traps in the mechanic’s lien statute. There is little room for errors. We strongly recommend that you consult a competent real estate attorney if you find yourself on wrong end of this problem, whether you want the lien perfected, or you don’t want it on your property.
ENERGY STAR IS GOOD, BUT WE’RE BETTER.
WE ARE NEW TOWN BUILDERS.
R
5280
DAVE KUPERNIK CRS, SFR | BROKER OWNER Cell: 303.807.0808 | email: dave@davekupernik.com
cial landowners are also protected thanks to the so-called “trust fund” statute. That law states that that contractor holds any money paid to a contractor in trust for the specific purpose of paying all of his subcontractors and suppliers for that particular job. If he uses the money for other purposes, he commits theft and could face criminal charges. A letter to the non-paying contractor pointing out that he is in violation of the trust fund statute usually brings results. Another glitch in the lien process is when you are the property owner, and your tenant tries to make improvements without your permission, leaving you holding the bag for the $15,000.00 redwood deck. In such cases, in order to avoid a lien on your property, you must post a notice of non-liability on the site of the property in a conspicuous place within five days after you have learned what your tenant has done and the work has started. The claimant, of course, has rights as well whether it is the primary contractor, subcontractor, or supplier. However, he must be careful not to overstate the lien amount. If he or she knowingly exaggerates the claim, he could lose the entire amount of the lien and pay the property owner’s attorney fees in addition.
Miscellaneous Real Estate
Home for Sale
$1,279,000
LIENS
MAGAZINE
18425 Pony Express Drive, Suite 103 Parker, Colorado 80134 Office: 303-953-4801 | Fax : 303-953-4802
Home for Sale
Beautiful Home in Golden With Mountain Views 3 Bed, 3 Bath, 3 Car Garage. 3179 sq ft. Amazing ranch home in Fox View at Mesa Meadows. Wood floors, walk out basement. $5,000 closing costs or new kitchen appliance credit. $479,900 Negotiable!
Thicker walls in our New Town Builders’ high performance homes allow for 60% more money-saving insulaƟon than in a convenƟonal home, and our roof is 6 inches higher than a typical home, so we can get 2 ½ Ɵmes MORE insulaƟon in the aƫc. This reduces heat loss, and more importantly, reduces your energy bill!
Brand New Homes in Castlewood Ranch!
To Schedule a Private Showing, call Jessica Noonan at 720-394-3480 1109 Miner’s Alley Golden CO 80401 office: 303-278-2400 | direct: 720-394-3480 jesnoon@yahoo.com | www.oldetownegolden.com
SHORT SALE R.E. BROKER
BUY REPOS
• Save your credit! • Payment migraines? • Payment increasing? • Missed payments? • Unable to re-finance? • No more payments! • Eliminate $10,000’s debt! • Bank pays closing costs! • Sold 100’s of homes! • Experience pays! 25 yrs!
• 100’s of Forclose Homes! • Investors & Owner Occupant! • $10,000’s Instant Equity! • Fix & Flip Cash Flow! • $0 Commission paid! • Free Property Mng.! • Easy Qualify! • Free Credit & Appraisal! • 100% Purchases! • No cost loans! • Not credit driven! • Lender’s Secrets Revealed!
I NEGOTIATE PENNIES ON THE $!!!
BANK - HUD - CORP - AUCTION
720-560-1999-Charles
BROKERAGE OWNER - 25 YRS EXPERIENCE!
www.sellbuycolorado.com
Walking Distance to Schools, 159 Acres of Open Space, 3 Miles of Trails and Walkways, 10 Minutes to Downtown Castle Rock
Semi-Custom Homes One Acre Homesites Up to 4-Car Garages Main Floor Master Plans 3 to 7 Bedrooms 2-1/2 to 4-3/4 Baths 2,887 to 3,576 s.f. Homes From the $400’s
GRAND OPENING SPECIAL Upgrade to 4 Car Garage! included on Contracts written by November 30, 2012.
Call for Directions - 303.500.3255 New Town Builders at Castlewood Ranch 7030 Weaver Circle, Castle Rock Margaret Sandel, Community Sales Consultant Margaret.Sandel@newtownbuilders.com
newtownbuilders.com
Price, features, specifications, availability and other terms and conditions are subject to change without notice.