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can I file a lien ??

ColoradoMechanics LienNotice of Intent to Lien

I am general contractor(project manager) for many propertys have been taken for granted for the past 8 month with none payment for 6 months! our verbal agreement was that I would receive 10 percent of each closed home which 10 homes have been closed and still no payment of percentage promised they have pushed me out of the game stating I have not done the job right! they took two recent homes from me that were getting ready to finish I am stuck I have no funds I am the company owner please I am in desperate need of someones advice and help the guys is suppose to be my partner he would do paper work and I would do all the construction

2 replies

May 14, 2021
Please call my office 303 322-4115
May 14, 2021

When evaluating whether lien rights are on the table it's important to consider the lien deadline. In Colorado, contractors who work on one or two-family homes have a pretty short lien window. When a one or two-family home is sold in Colorado, the contractor's lien window is shortened to a mere 2 months after they last furnish labor or materials. So, before even getting into the nitty-gritty details - if more than 2 months have passed after your last furnishing of work to a property that was actually sold, then it may be too late to pursue mechanics lien claims for those specific projects.

As for whether lien rights are available: Generally, if you have provided a permanent improvement to the property, and if you've gone unpaid for that work, a mechanics lien claim should be available. With that being said, mechanics liens are best suited for situations where there's a set price for the work - not commission work for residential sales. Still, if a value can be determined for the work that was done, a lien should be available to secure payment for that work. But conferring with a Colorado construction lawyer who's better-versed in Colorado lien law would provide much more clarity, there.

For homes that are still within the lien deadline window, each property would have its own lien deadline that would need to be observed. And, if a lien claim does get filed, there would need to be a separate claim for each property being liened, since separate properties generally can't be lumped in together with one claim.

If claims will be pursued, it's also important to keep Colorado's Notice of Intent to Lien rules in mind. In Colorado, a mechanics lien claimant must send a Notice of Intent before actually filing a lien. This acts like a warning shot and gives an owner one last chance to make payment before a lien gets filed on their property. That notice must be given at least 10 days before the lien can be filed - so it's important to make sure it's sent more than 10 days before the deadline for filing the given lien.

Finally, with all of the above in mind - it really would be wise to consult with a Colorado construction lawyer. They'll be able to review the details of your situation, advise on the best steps forward, and assist with any negotiations, demands, or legal threats. Considering the complexity of this situation, their assistance may well be crucial. For a directory of Colorado lawyers: Top Colorado Construction Lawyers. For more background info on Colorado lien rights: Colorado Mechanics Lien Laws: Guide and FAQs.


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