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Can I file a mechanic's lien

Colorado
Steven Reyes

I have a sign contract for hourly pay and I have not been paid in the last 3 weeks I am about to get a loan because I don't have money to pay my guys

3 replies

Attorney at Pivotal Legal Ltd
| 85 reviews
Aug 15, 2022

If you improved real property, you have the right to file a lien. A lien does not guarantee that you will get paid but it is always a good idea. It is likely best to get a free consultation with a construction attorney to go over options and ideas and to discuss how to avoid issues like this going forward. 

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Aug 15, 2022

If your last work was less than a month ago and was not solely for punch-list work, then you would be able to start with a Notice of Intent to File Lien Statement, then follow-up with recording a lien if you remain unpaid 10 days after you send the Notice. This assumes the project is in the private sector and not for a public entity, which has a slightly different procedure for making a claim.

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Partner at Sullenberger Roskamp PLLC
| 14 reviews
Aug 16, 2022

I agree with my colleagues, above. The mechanic's lien statute contemplates of all types of contract structures, and the right arises when substantive (not punch-list) work is performed. 

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