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I wish to file a mechanic's lien

Anonymous Contractor

I am a handyman I recently did some electrical work the work was top not I do not have a license the general contractor knew this I have done several jobs for him as soon as I was done roughing in the electrical and plumbing I was refused payment because I had no license they also knew that my plumber did not have a license but they asked us to proceed with work anyway I have several emails that prove this may I still file a mechanic's lien

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,000 reviews

Jun 19, 2020

Performing plumbing work when you're unlicensed is a dangerous game in Colorado - regardless of whether your customer knows you're unlicensed. CRS § 12-58-116 states that if the work requires a license, an unlicensed plumber who performs the work could be committing a class 2 misdemeanor. And, for those with multiple offenses, it will constitute a felony. The same is true for an unlicensed electrician. Under CRS § 12-23-119, the first offense for unlicensed work is a class 2 misdemeanor and subsequent offenses are felonies. Finally, regarding payment recovery: It looks like unlicensed contractors in Colorado aren't able to recover compensation via lawsuit, at least according to this article from Stutheit & Gartland. But, I'm not sure whether a mechanics lien claim would be enforceable when filed by an unlicensed contractor. To be sure, it'd be wise to consult with a Colorado construction lawyer. Further, if there's some hope that a mechanics lien might be on the table, sending a Notice of Intent to Lien could lead to payment all by itself.

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