No written and signed contract in Colorado. Can I still file a lien for money’s owed?

7 months ago

Please set the record straight. I recently finished a new home build landscaping job for a friend and business associate of mine and I have not been able to collect the $16,000 in labor fees owed from him.

Be that I live in Colorado I already sent him a letter of intent and he already replied that he will not be paying me for my company’s services. I waited ten days after he received the letter of intent before filing a lien on his home.

Be that this individual and myself have had at least a 100 or more jobs that he has employed my companies services for over the past 5 years I didn’t have him sign a contract for those services we just completed (or any of the past services over those years) because there has never been an issue before now. Am I able to move forward with a lien in Colorado even though I do not have a written contract signed by him for my services?

Regards,

Shawn Macdonald

Legal Associate Levelset
172 reviews

The relevant statute governing who has the right to file a Colorado mechanics lien laws is Co. Rev. Stat. §38-22-101. As far as if a written contract is required to file a mechanics lien, the answer in Colorado comes down to the amount of the contract. Any contract that is for $500 or more, the contract must be in writing to file a valid mechanics lien. You may have other avenues to pursue payment, such as collections agencies or a lawsuit for breach of contract; but a mechanics lien won’t be available.

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Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
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