I am a general contractor and have a dispute with ownership about cost/split savings at the end of a project, are those amounts able to be liened?
Same question goes for retainage.
1 reply
Apr 16, 2020
Mechanics lien rights will only be available for amounts that are owed but not paid for the work that's been performed. Because retainage amounts represent work that's already been performed - retainage will generally be subject to mechanics lien claims. However, savings generally won't be lienable since those amounts don't tie directly to the improvement of the property. That doesn't mean that savings aren't owed and recoverable, though - and pursuing some other type of payment claim, like a legal claim, could lead to payment.
For more information on Colorado mechanics lien rights: Colorado Mechanics Lien Guide and FAQs.