I im a sub-contractor. Job is done . The contractor dosent want to pay me.
1 reply
Feb 6, 2019
I'm sorry to hear that you aren't getting paid for the work you've done. That's frustrating and unfair. There are a few ways that people who work on construction projects can get paid when the money is coming too slowly, or not at all. No one way is always the best or most applicable.
One very powerful way to recover money due for work on a construction project is through a mechanics lien. A mechanics lien secures the money due through the improved property itself. This means that if payment is not received, the lien claimant can ultimately foreclose on the property and have it sold to satisfy the debt. Because this remedy is so powerful, a valid lien rarely needs to be enforced to result in payment.
Also because it is such a powerful remedy, there are specific rules and deadlines that must be met in order to able to file a valid and enforceable lien. In Colorado, a potential lien claimant must deliver a notice of intent to lien at least 10 days prior to filing the lien itself. And, the lien must be filed within 4 months of last furnishing materials and labor to the project. If the claimant only furnished labor (and no materials) the deadline to file the lien is shortened to 2 months after the claimant's last work.
Since most people want to avoid liens on their property (and GCs want to avoid liens on their jobs) sometimes the notice of intent is all that is required to get payment moving.
Other than through the mechanics lien process, there are other ways to collect, as well. A party can always enlist an outside collections agency, or could file a lawsuit against the party that is supposed to pay. A lawsuit for breach of contract, or pursuant to the state's prompt payment laws, or other causes of action, could be brought in wither small claims or regular court depending on the amount at issue.
I hope this information is helpful, and that you get paid soon.