In Galiant, the Court of Appeals held that a mechanic’s lien is not necessarily excessive merely because (1) the lien amount includes costs the contractor has not yet paid, or (2) the lien amount is subsequently reduced after recording.
Recording a mechanic’s lien is an important tool for Colorado contractors seeking payment for labor, materials, and services furnished on construction projects. But what happens when a contractor records a lien and subsequently discovers that the amount claimed is incorrect? Can the contractor amend the lien to reduce the amount owed, even after the statutory deadline for recording or amending the lien has passed? Or does the original mistake render the lien unenforceable?
The Colorado Court of Appeals addressed these questions in Galiant Homes, LLC v. Herlik, 2025 COA 3, providing important guidance for contractors recording mechanic’s and materialman’s liens in connection with construction projects.
Mr. Hall may be contacted at ahall@hhmrlaw.com