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

ColoradoMechanics Lien

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

1 reply

Feb 14, 2020
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. Here are some other resources that may prove helpful:
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