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Home>Levelset Community>Legal Help>My builder hired a piece work electrician that is not licensed and used my permit to do the changes. What should i do?

My builder hired a piece work electrician that is not licensed and used my permit to do the changes. What should i do?

ColoradoBonding Off LienMechanics LienNotice of Intent to LienPayment DisputesRight to Lien

I am doing currently a job for my builder. I am wiring a new 4 unit town homes in Denver, Colorado. I pulled an electrical permits for all 4 units. I finished roughing in and pass my electrical inspection. My builder or also an owner decided to make a major changing to raising the ceiling in the kitchen and dining area. He hired a demo crew without even telling me. The he rewired all the kitchen and dining room area. When I last got there the drywall is already textured and paint. I am seeing a lot of mistakes, mis wired, basically a few electrical lights and outlets won't work. The ceiling will need to be tear out again to fish the wires again. I keep telling my builder or an owner he says that he can do whatever he wants. He told me not to show up on the site at all. My contract says I will get paid after full rough in 50 % . And I will get paid 50 % after the trim pass inspection. So I am afraid that i will not get paid at all. I told him I will file a mechanics lien he says that he will buy the bond out. So he doesn't care at all what I do. So I don't know what to do whom to call. I have spent a lot of money to rough in the building. All my profits is on the trim side. Help me please. Thanks.

1 reply

Aug 10, 2020
First, know that threats to bond off a mechanics lien are often either hollow or misguided. Levelset explains what bonding off a lien really means and why it's not that bad of a prospect for contractors, here: (1) Lien Release Bonds: Bonding Off a Mechanics Lien; and (2) Don’t Be Afraid Of Threats To Bond Off Your Mechanics Lien. If your customer has refused to pay you what you're owed, then filing a mechanics lien will be a powerful option. And, it's possible to file a lien even if there's a dispute over what you're owed or a dispute over the quality of your work. Mechanics liens can be so effective that simply threatening to file a lien will often force the owner to take your claim seriously and to pay what you're owed. Plus, sending a lien threat - called a Notice of Intent to Lien - is a required part of Colorado's mechanics lien process. Meaning, the owner will have to take it that much more seriously. More on why that document works, here: What is A Notice of Intent to Lien And Should I Send One? Further, if your customer is interfering with your ability to complete the work, and if they're creating payment disputes or otherwise slow paying you, legal claims like breach of contract may be available. And, simply threatening legal claims, with a payment demand letter, may be enough to get paid, too. If filing a lien does become necessary, these articles should be useful: (1) Colorado Mechanics Lien Laws: Guide and FAQs; and (2) How to File A Colorado Mechanics Lien – Step By Step Guide To Get You Paid.
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