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I am an electrical contractor. I have worked for my GC 3 times and never got final payment

ColoradoMechanics Lien

I am an electrical contractor. I have worked for my GC to finish 3 unfinished basements. I did the work in Colorado state. My contract states that he will pay me 30% when I start the basement, 30% when I pass my rough in, and 40% after the final trim inspection. I finished the first basement, passed my final trim inspection. I have never got paid 30 % after rough in and 40% after the final trim inspection. My GC got paid from homeowner and never paid me saying he will, and more focusing to do the other two basements. And the other two basements I got paid only 30%. And I don’t even know if he pulled a permit under my company name yet, I keep checking the city they are saying no permit are open. The GC are not answering me, I tried to call him, text him. I finally email him saying I will call the homeowner and GC said don’t you Make threats to me. I don’t know what to do should I tell the homeowner that I will file a lien or? Thanks I would appreciate

2 replies

Oct 12, 2020

I am so sorry to hear about all the trouble you have been having. You can pursue a Notice of Intent to Lien in Colorado. The Notice of Intent to Lien is the construction industry's demand letter, yet it actually works! NOIs are very effective at prompting payment because the fear of a mechanics lien on a project is great. Because of the power a NOI holds, the property owner and general contractor will likely do just about anything in their power to prevent a lien from being filed. The NOI gives the paying parties one final chance to solve the payment issue before the claimant files a mechanics lien. A NOI is a great way to get the interested parties attention and prompt a payment. 

Keep in mind that if you plan to pursue a mechanics lien, NOIs must be sent. This requirement is enforced through C.R.S § 38 - 22 - 109 . A Colorado Notice of Intent must be sent 10 days before you file a mechanics lien with the county clerk and recorder's office. Sending the notice doesn't extend or change the deadline to file a mechanics lien in any way. 

Good luck! 

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Oct 12, 2020
You should file a lien if you are within the four month timeframe. If you are not, then you will have to sue the GC.
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