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Can I file a lien or do I need to sue? What can be done?

Colorado

I am a subcontractor who has not been paid on a project we finished in December. We have received partial payment, but are still owed a substantial amount. The customer provided a payment plan to get back on track, but their office was shut down with a COVID outbreak. They are not returning calls. They have returned some emails , but none have had a plan for them to get back on track. They just keep saying they will get back to us.

2 replies

May 3, 2021
Hello. I am sorry for the issues. A few things are not entirely clear so I am going to make the following assumptions. I assume this project entailed supplying equipment, material, labor, machinery, or tools to be used in the construction, alteration, or repair of any structure or an improvement upon the land in Colorado. I am going to further assume the customer who did not pay is the general contractor. If that is the case, yes you can file a lien on the property provided you follow the law to the letter. You could also sue the general contractor as well if you want to get a money judgment. The question that matters is whether the amount is sufficient to make a lien foreclosure lawsuit viable. To know that would take much more information. Your attorney would also consider options under the trust fund statute and disburser notice. You should reach out to a Colorado attorney for advice
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May 4, 2021
We are subcontractor to the steel fabricator. It is approx 65k they still owes us. And yes, we paid equipment, labor tools etc.
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