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Can I still file or do I have to break their legs? (JK)

I have a couple that I work for remodeling two different properties and completed last December. I was going out of state until May of this year and knew they were tight on money so we agreed to settle when I returned. Since late May and early June I have been getting the run around. I broke my ankle in late August and just started to research liens. Can I still file on them? I have spent the last two months researching and writing my own liens and am ready to proceed in the state of Colorado. Brett

1 reply

Oct 28, 2019

Colorado mechanics liens must be filed on a pretty tight timeline - so, a mechanics lien claim may not be available for debts incurred more than a few months ago. Specifically - a Colorado mechanics lien must typically be filed within 4 months of last furnishing labor or materials to the project (and, in some cases, 2 months after project completion. But, in a situation where work concluded more than a few months back, mechanics lien rights will generally not be an available remedy. You can learn more about Colorado mechanics lien deadlines here: When is the deadline to file a Colorado Mechanics Lien?

There are always other recovery options outside of the mechanics lien process

There are always recovery tools outside of the mechanics lien process that can help to recover payment. For one, where there's a good relationship with an owner, doing things like sending invoice reminders or finding alternative means to secure payment might work. Mechanics lien disputes can get pretty ugly, so even where a lien deadline hasn't passed, these might be good options for working with an owner. On the other side of the coin, a would-be lien claimant will generally be entitled to a cause of action like one under breach of contract, unjust enrichment, or some other legal theory. Plus, note that merely threatening to pursue a legal remedy - by sending a demand letter - can often work to ensure payment without actually needing to proceed with the claim. Finally, if payment issues persist and push comes to shove, keep in mind that Colorado small claims court may be a viable option if the debt is $7,500 or less. Or, if necessary, traditional litigation is always on the table.

Additional resources on Colorado mechanics lien claims

Here are some additional resources regarding Colorado mechanics lien claims that might be helpful for you: - Colorado Mechanics Lien Guide and FAQs - How to File A Colorado Mechanics Lien – Step By Step Guide To Get You Paid - What Is a Colorado Notice of Intent to Lien? - Colorado Construction Payment Resources

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