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Is it time to file the lien?

I sent out my intent to lien notice. Its been more than 10 days with no response looking for what my next steps should be. Have not gotten paid for 4 months, I'm thinking of walking off the job or not calling for the final. Any thoughts appreciated Thank you

1 reply

Aug 20, 2020

Deciding when to file a mechanics lien can be tricky. As you likely know, priority number 1 should always be to remain within the deadline for filing a lien and complying with the relevant notice requirements (like Colorado's Notice of Intent to Lien requirement). If you've complied with the Notice of Intent requirement, and if you haven't hit your mechanics lien deadline, then you could really file a mechanics lien whenever you'd like. So, at that point, it becomes a business decision. Many businesses take their relationships with the customer, the GC, and the owner into account. Further, before filing a claim, it's common to notify the other stakeholders with another warning - something like a second Notice of Intent, a phone call, certified letters, etc. But, if it looks like no one is going to make payment, it's generally a better idea to go ahead and get the lien filed before the deadline becomes an issue. Though, if the deadline is far away, there's obviously more time to potentially negotiate payment and put pressure on the other participants. I hope this was helpful. For further discussion on CO lien claims: Colorado Mechanics Lien Laws: Guide and FAQs.

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