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Is retainage and split/cost savings allowed to be included on a lien?

ColoradoRetainage

Anonymous General Contractor

General contractor lien to owner for unpaid amount due on commercial project.

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,005 reviews

Apr 16, 2020

Mechanics lien rights are available against retainage that's been withheld for work already performed. However, because savings against the budget don't tie directly to the improvement of the property, those amounts are likely not subject to lien. It sounds like this question may have been double posted. You can find that further discussion here: Can cost/split savings and retainage on a project be subject to a lien? Finally, for more info on Colorado's mechanics lien rules: (1) Colorado Mechanics Lien Guide and FAQs; and (2) How to File A Colorado Mechanics Lien – Step By Step Guide To Get You Paid.

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