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My question is in the Tell us about your situation below. thank you

Colorado

I recently had an Intent to Lien letter sent through Levelset and now the contractor is threatening to sue me. His attorney has stated that I don't have legal rights as a sales person to lien a property. I wan not only a sales person, but designed the structural repair for the client as well as put together the cost estimate for the contractor and client. I would like someone to assist with this situation. Thank you

4 replies

Jul 20, 2022

Your services for sales are not lieable. The cost estimate for the contractor and client is not lienable. The question states you are an Architect / Engineer. Are you a licensed Architect or Engineer? If not, then this gets complicated. 

The statute provides:

architects, engineers, draftsmen, and artisans who have furnished designs, plans, plats, maps, specifications, drawings, estimates of cost, surveys, or superintendence, or who have rendered other professional or skilled service, or bestowed labor in whole or in part, describing or illustrating, or superintending such structure, or work done or to be done, or any part connected therewith, shall have a lien upon the property . . . .

You need to hire an attorney for advice. They have an attorney and if your intent to lien was baseless, expect to get sued for their attorney fees and damages if you file a baseless lien. This is not something to do yourself given they have counsel and have stated they will sue. 

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Jul 20, 2022
I’m a licensed Landscape architect. I was contracted to visit the site, evaluate the foundation damage, took measurements of the basement and or crawlspace, produce an AuroCad drawing /plans, and a cost estimate of repairs. I consulted with another attorney, through Levelset in a phone conversation before having Levelset provide the Intent to Lien. In that conversation Levelset deemed my situation as lienable.
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Jul 20, 2022
When did you file the lien? There are strict deadlines to file a lawsuit to collect on that lien. Whether or not the lien is valid, I would need to know a little more information. However, the statute does refer to architects as a construction professional, depending on the services provided. You may also have standing to pursue a breach of contract claim if you are unpaid for your services. Is your contract with the homeowner or GC?
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Jul 21, 2022
If you designed a plan and it was used for the benefit of the project you can file a lien w/in 120 days depending on when DF used the plan or rec'd the plan.
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