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Can I file a mechanics lien? If so, what are next steps?

ColoradoBankruptcyMechanics Lien

We are the material supplier. Our customer is the General Contractor. That customer has gone bankrupt. The property owner has called and said that they already paid the General Contractor. So now what would happen? Also, we received notice via Levelset that Plains Building Systems is no longer in operation. Any and all financial notices need to be communicated to THE Holland Law Firm

2 replies

Sep 2, 2021
Hello. I am sorry for the issue. If the owner paid the GC in full and this is a single-family dwelling, the property owner has a complete defense to enforcement of the lien. So that is the first thing to review. If there is a disburser there may be options. Reach out to construction attorneys to review the matter and provide advice especially since a law firm is involved as the bankruptcy stay applies so if you violate that stay you can face serious liability.
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Sep 2, 2021
If you provide materials to the project you have lien rights irrespective of BK.
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