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Non-payment as a subcontractor

ColoradoMechanics LienNotice of Intent to LienRight to Lien

I have a construction company and I did some work as a sub-contractor for another company but now that the work is complete he is no longer responding to me and hasn’t paid me. I don’t have a written contract just text message during the time I worked for him and him telling me he’s going to pay me to give him time. Do I have any recourse here in Colorado to help me obtain payment? He owes me more than $5,000.00. Thank you.

1 reply

Aug 13, 2020
Looking at the Colorado mechanics lien statute, it doesn't look like an express written contract is necessary for mechanics lien rights to exist. With that being said, note that in some instances, text messages can form binding contracts if all the elements of a contract are present. In any event - when subcontractors go unpaid, filing a mehcanics lien is often a powerful option to force payment. Before jumping straight to a mechanics lien, though, Colorado claimants must first send a Notice of Intent to Lien (which is essentially a mechanics lien warning). And, because mechanics liens are so powerful, a Notice of Intent could lead to payment without ever having to actually file a lien. You can learn about those requirements here: Colorado Notice of Intent FAQs & Guide. Still, sometimes a lien filing will become necessary. For help with Colorado lien claims, these resources will be valuable: (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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