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Lien - Should we Lien for the full contract?

ColoradoConstruction ContractMechanics LienPreliminary Notice

I have a customer that is not answering my emails. They have an outstanding extras bill that they have not paid and the work has been performed. They also have a contract for a project that is not completed. We have materials (quartz) that need to be installed but again they won't answer emails. They have been difficult and posted bad reviews about us and said - do not contact us, correspondance should go through our attorney. Then turned around and said they have not retained an attorney and want us to move forward. Now they won't answer emails. The total remaining contract is 15,333.92 and the extra bill they owe is roughly another 4000.00. We want to install the Quartz and have them pay up to that part of the job and the extras invoice. Then we would like to part ways with them. Should I lien the property for the full contract? All subs have been paid in full. All materials purchased except trim and 3 doors. They owe 25% of the project.

3 replies

Dec 8, 2021

You may file a lien for the “value” of your materials and labor. You cannot claim a lien for materials that have not been purchased yet and for labor that has not been performed. 

If you don't perform under the contract, they can sue you for that breach unless there is a basis for to not perform and to determine if you can do that would require much more information. 

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Dec 9, 2021
If the $15K has not been paid, and you have delivered material and labor to the property, you can lien the property and seek payment. More information will be needed to explore your options.
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Dec 18, 2021
You can file a lien in CO w/in 120 days of your last meaningful work at the property.
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