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Home>Levelset Community>Legal Help>i worked by the hour for the contractor he gave me a draw off my check for gas money to work never paid the rest of the money he owes can i put a lein on his or the home owners property

i worked by the hour for the contractor he gave me a draw off my check for gas money to work never paid the rest of the money he owes can i put a lein on his or the home owners property

ColoradoMechanics LienNotice of Intent to LienRight to Lien

i worked for a basement remodel co he got behind on my checks never paid me in full he now owes 3045.00 and refuses to pay it was a lot of hrs

1 reply

Jul 28, 2019
I'm sorry to hear that you are having a hard time getting paid for the work you have done. There may be multiple options to recover.

A party who performs work pursuant to a contract with some other party can always file a breach of contract lawsuit in an attempt to recover what s/he is owed. If the amount meets the jurisdictional limits (it appears it likely does here) a claim can be filed in small claims court, to limit the costs and time involved.

Additionally, there may be the possibility of recovering the amounts due through using a mechanics lien. In Colorado, a party who provides labor for the improvement of property has a lien on the property itself to secure the amounts owed, provided certain required steps are followed and deadlines are met.

All lien claimants in Colorado must provide a notice of intent to lien to the property owner at least 10 days prior to filing a lien itself. The deadline to file the lien claim depends on the project type and the lien claimant's role on the project. For laborers who did not provide materials to the project, the lien must be filed after the last labor was performed and within 2 months of the completion of the improvement.

Remember that a mechanics lien attaches to the property that is improved, not (necessarily) the property of the party who isn't paying. The benefit of the work goes to the property owner, so it is ultimately his/her responsibility to ensure that a lien claimant is paid. Them to the extent that applicable, they can collect that amount from the GC or other non-paying party. I hope you get paid. And, if you decide that a mechanics lien is the right way to go, you can make the process easy and get started here.
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