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Home>Levelset Community>Legal Help>Do I have to have a written contract if my project was over $500 in order to file a mechanic's lien in in Colorado?

Do I have to have a written contract if my project was over $500 in order to file a mechanic's lien in in Colorado?

ColoradoRight to Lien

I told my client my work was time and materials. I gave him estimates, but he counted them as quotes. He owes me $20000, documented with daily records of time and materials. I don't have a written contract.

1 reply

Jul 7, 2020
This is true. Any contract over $500 for the construction or improvement of real property must be in writing for the contractor to have the right to file a Colorado mechanics lien. This requirement is found under Co. Rev. Stat. §38-22-101(3), "All such contracts shall be in writing when the amount to be paid thereunder exceeds five hundred dollars, and shall be subscribed by the parties thereto." If you're unable to file a mechanics lien, your best bet for recovery is a lawsuit against the hiring party for breach of contract. Since the amount of controversy is well over the small claims court limit ($7,500), you should contact a local construction attorney to help guide you through this process. We do have a few Colorado construction attorneys in our Expert Center Community that you can reach out to personally. For more information, see:
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