I understand that you have to submit a lien within 4 months, we are past the 4 months, but our customer was given some warranty product in December and February. Does this justify as materials being delivered,
Apr 1, 2019
I'm sorry to hear that you've had payment trouble here - no one should have to scratch and claw to get paid what they've already earned. Unfortunately, punch list or remedial work generally won't extend the deadline to file a mechanics lien in Colorado. This is true in most states, and it's discussed in further detail in the following post: I Returned to a Job – Does that Change the Lien Deadlines? There may be an argument that warranty work is done pursuant to a contractual warranty (and therefore the contract), and the deadline to file Colorado lien should be based on any work done under the contract - but the effectiveness of such an argument would be questionable. Of course, that doesn't mean that an amount that's owed and unpaid isn't recoverable - there are ways to recover payment outside of a mechanics lien. For one, sending a Notice of Intent to Lien could compel payment - regardless of whether a mechanics lien will ultimately be filed. This is especially true in Colorado where a Notice of Intent to Lien is generally a sign that a mechanics lien is about to be filed (since Colorado is one of a few states that actually requires the notice must be sent prior to filing a lien. Because a mechanics lien is such a powerful remedy, warning or threatening a customer and the property owner that a lien claim is coming unless payment is made could be really effective. By informing an owner that a claim will be made, that can help to put additional pressure on a customer to resolve the issue. zlien discusses that idea here: What is a Notice of Intent to Lien?Beyond leveraging or using lien rights, a claimant might also be able to recover based on a demand letter sent to the owner and the customer. By threating specific legal action (such as breach of contract, unjust enrichment, or some other claim), a claimant can show that they refuse to be left unpaid. When sent via an attorney, a demand letter will carry a little extra "umph". Further, a claimant could also pursue sending a debt to collections, collecting via small claims court, or even taking to litigation to recover payment.