Home>Levelset Community>Legal Help>Can I file a mechanics lien to a company in Parker who falsly accused me of losing a client because of me and said not contact homeowner and I did and homeowener said it was all a lie from project manager just to get you fired with no pay for both projects?

Can I file a mechanics lien to a company in Parker who falsly accused me of losing a client because of me and said not contact homeowner and I did and homeowener said it was all a lie from project manager just to get you fired with no pay for both projects?

I am a sub contractor who got two bathroom romodels at 461 Humboldt st and Robert ( the project manager ) gave me the paperwork to fill out and said to turn it in along with invoice in order to get paid also Robert said to go to a notary public and have the paperwork notorized so I felt comfortable because. I finally had someone to trust cause he is even having me notorized the paperwork and all. A day prior to finishing the Remodels dead line which was one day past due because the materials did not get there on time Robert knew and said it's no my fault . So we continued that day in the morning when I receive a call from Robert and he said if I could go to another bathroom remodel with him he neeeds to give an estimate so I went to lake wood for the demolition and he gave the price collected half of the money in advance for his company and I demoed the whole bathroom gone cleaned up and went back to the house I was previously working on and tried to finish the last part of the laminate flooring material which was late . So I worked all day demoing the lawood house bathroom and then I continued working at the house in denver I asked homeowner if I could stay just so I can finish her house she agreed and I worked til 5 am in the morning and then I had to be at the house in Lakewood to continue the remod at 8 am when Robert came to the house in denver the one I was supposed to turn in that day along with the paperwork notarized and the invoice for the remodeling job Robert called me upstairs to bother the upstairs bathroom and he told me he had lost a client and it was my fault cause the client in Lakewood had said I did a horrible job and did not want me or his company back in his house in Lakewood. And said now remember what happens when your fired no pay for any work done and I old me to leave and not to contact homeowner cause he is mad . So the day went by and I was depressed because I had lost about roughly$ 6000 for both projects and I had so many bills and employees to pay and all and I thought of suicide came across my head and I quickly vanished it with positive thinking and decided to send homeowner in Lakewood a text and then I received what I had suspected I have the text from the very home owner staying it was not my fault that they never said they did not like my work it was all a lie to fire you with no pay and said that Robert had lied to them and he did not want to know about Robert at all cause he is a sc artist and his boss is on goggle being a scammer to many others and noone ever does anything to this people and he pays people to put good review on google maps. That's why he has 4.3 stars on google and people believe his scams . Please helmet on this one.

1 reply

Mar 23, 2020

There are a few different options that will be helpful to force customers to make construction payments. And, there are some legal claims that could be on the table, as well.

How you can force a customer to pay for construction work

Let's look at a few different options, starting from less-adversarial options then moving to more official claims.

Talking it out

Obviously, talking it out can be tough when you customer isn't operating in good faith. However, confronting them with clear evidence that they've been lying and acting fraudulently might force them to operate honestly. If you've got written documentation from the owner that they take no issue with your work, then it'd be hard for the customer to hide behind that excuse for terminating the agreement and refusing to make payment. Potentially, contacting the customer in a format where you, the property owner, and that customer are all involved - like a three-way call, email chain, or group text might help to keep things above board.

Demand letters

If the customer refuses to act reasonably, turning up the heat might help. Sending a payment demand letter can help to push the customer into doing the right thing. Demand letters will threaten specific claims - like breach of contract claims, mechanics lien claims, or even something like a fraud claim - and put a deadline for the customer to make things right. By doing so, you can let the customer know that you won't be toyed with and that you're willing to do whatever it takes to get paid. Plus, if you can include information clearly showing that they've been acting improperly, that should provide a little extra "umph."

Notice of Intent to Lien

Mechanics liens are powerful for recovering construction payments, making the threat of a lien powerful, too. Sending a Notice of Intent to Lien will let the customer know that, if they fail to pay what's owed, a mechanics lien claim will soon be filed. No contractor wants to deal with a lien claim or an angry owner, so they'll usually want to avoid the potential for a lien. At the same time, a Notice of Intent to Lien is ultimately a threat against the property. So, keep in mind that it could negatively affect the relationship with the owner as well. Though, discussing the matter with the owner and explaining the circumstances might help to calm their nerves. Finally, keep in mind that a Notice of Intent to Lien is a required part of the Colorado mechanics lien process. So, this threat of lien should carry a little more weight. Plus, if you want to keep the option for a mechanics lien alive, then it must be sent. More on that requirement here: Colorado Mechanics Lien Guide and FAQs.

Filing a mechanics lien

Nobody wants to file a mechanics lien, but liens are a great option for securing payment when worse comes to worst. But, again - a mechanics lien filing will attach directly to the project property, and it's not actually filed directly against the contractor who failed to make payment. Still, it will pose plenty of issues for that contractor. For more information on how to secure payment with a Colorado lien claim, the resources below should be valuable. - How Do Mechanics Liens Work? 17 Ways a Lien Gets You Paid - Colorado Mechanics Lien Guide and FAQs - How to File A Colorado Mechanics Lien – Step By Step Guide To Get You Paid

Legal claims against your customer

Outside of the mechanics lien process, legal claims may well be on the table. Pursuing legal claims is certainly an option for getting paid. Claims like breach of contract, wrongful termination, or even fraud could be available. For the most clarity on what legal claims might make sense in your particular circumstances, it'd be helpful to consult with a local Colorado construction attorney. They'll be able to review the project documents, communications, and other circumstances, then advise on how to move forward.

Reporting a contractor can help to avoid future victims while also forcing payment

Lastly, keep in mind that you're fully entitled to leave honest reviews about a contractor online - like on Levelset's contractor pages, or on Google, the Better Business Bureau, Facebook, etc. And, negative reviews will help others to avoid the contractor and they may also be used as leverage for getting paid. What's more, complaints with the Colorado Dept. of Regulatory Agencies can help to hold the contractor accountable, and so can filing a complaint with the attorney general's office.

Working with the owner to get paid can be helpful, too

Finally, note that working directly with the owner to try and get paid may be an option, particularly when you've already got a sound relationship with the owner. For one, it's not totally out of the question to ask them to pay you directly then subtract that from what's owed to the contractor. Or, asking the owner to hire you directly so you can finish the job may be an option too. Further, if the owner fully understands your position, they may be able to put additional pressure on your contractor to make sure you get paid. Either way, having a good relationship with the property owner can go a long way toward either forcing your customer to make payment or being paid directly by the owner. So, keeping that relationship intact through transparency and honest communication should probably be a high priority.

0 people found this helpful

Helpful