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Do I file an intent to lien?

A contractor is refusing to pay me because I didn't perform additional work that was not stated in the contract. The project is still going on and this contractor is being paid directly from a city. Do I file an intent to lien? I should also mention he owes me thousands more dollars from projects going back to March. I'm pretty sure he's using money he owes me to pay attorney fee's for his legal problems, concerts, and his multiple travels to Europe.

1 reply

Dec 18, 2018

I'm very sorry to hear that. If those allegations are true - this contractor is way out of line, and it it'd be a good idea to reach out to a local attorney about potential legal action. Where a contractor fails to make payment on a private project, sending a Colorado Notice of Intent to Lien is a great tool to help compel payment. However, when the project property is publicly owned (by a state, county, or city) - a mechanics lien will not be available, and a Notice of Intent to Lien might not be all that effective. Rather, if nonpayment persists on a Colorado public project, a bond claim (if a bond is present) or a lien on contract funds would likely be more appropriate. You can learn more about both of those options here: Colorado Public Project FAQs. Of course - while a Notice of Intent to Lien might not be necessary when a project is publicly owned, it could still be effective to force the issue. So, sending a Notice of Intent to Lien to a nonpaying contractor and the owner of the property (even where that owner might be a city itself) could help to put pressure on a contractor to make payment. Good luck! Everyone deserves to be paid what they're owed, so I hope this contractor comes around.

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