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Can myself (Primary Contractor) and my Sub-Contractor file ONE lien?

ColoradoMechanics Lien

I have started the lien paperwork on a renovation myself (Primary Contractor) and my Sub-Contractor were not paid on. Here are the details and question. We have a previous co-owner (Ryan Nazario) and who approved the work, a brand new sole owner (Tom Campbell) who is refusing to pay, I am the primary contractor (project manager) hired by Ryan and a sub-contractor (Jeremy Hawkins) for the construction hired by myself. Both Jeremy and my contracts stated we would be paid at the sale of the property. Along with managing the project/reno, I also provided all material for the reno (out of my own pocket). FYI previously Ryan & Tom had a private note, payment to Tom became an issue and Tom filed to obtain title in which he was given. Can Jeremy and I (both contractors) file ONE lien? Or do we need to file two separate liens? Thanks, Beth McClave 719-582-3402

3 replies

Jan 23, 2023

Give me a call or text. I help companies get paid for cases just like this within 5 days. 214-518-9595 or joshuagrider777@gmail.com

Joshua Grider- CEO of Wolfgang & Rhodes 

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Jan 24, 2023

As I mentioned on your previous post, I think this is too complicated a situation to give a clear answer. All I can say is that the mechanic's lien statute gives you and governs your rights, if any. Anyone is going to need more detail on the arrangement and the transfer of the property issues before they can help. You're seeking some significant legal advice (that depends on a number of unknowns) on a website, which isn't going to do it for you. You likely need representation, particularly if you're going to cloud title to some property which has (I surmise) already been titled in another's name based upon a court order. I have no idea how aware of the proceedings you were, or how they affected your rights, if at all. Any potential breach claim lies with the party(ies) on that contract.

If the property was foreclosed on a defaulted note, you likely have additional problems.  

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Jan 25, 2023
It depends. There is a possibility that your lien could be premature if you are not owed anything until the property sells, which means you may have by contract essentially given up your ability to file a mechanic’s lien.
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