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RE: Pre-lien on or pre-lien Notices on signed contracts

Colorado

Can I pre-lien project once we have a signed contract in Colorado, we do not sign GC contract They have to sign our contract which stipulates the payment terms out very boldly. We get tired of owners or GC paying when they want - it takes a lot of our time up and to be up front we just don't do business this way. We normally are very nice to GC or owners but when we get lied to it upsets us. we are a heavy loaded labor service industry so if the owners and or GC play games with payments it places a burden on us. We would like to start pre-intentional liening projects once we have the GC or owner sign our contract. Are contracts spell out the terms for payment vey boldly, but it seem the owner and or GC just sign it without reading which at then end of a project turns into a long drawn out ordeal, I have no problem liening owners or GC's- we have decided if they don't want to pay than we rather never work for them again. We perform hundreds of project per year, so we rather work for people whom pay us, as we put it to them if they cant pay the phone will reing multiple time per day for additional projects. We rather turn this process over to some to perform all paperwork and let us focus on getting the work. Maybe it might be easier to speak with a person on performing this on every project.

1 reply

Nov 26, 2019
Colorado, as you know, requires a notice of intent to lien (along with a statement of the lien to be filed) to be provided to the property owner at least 10 days prior to filing a valid lien claim. While there is no necessity to wait until the last minute to provide the notice, there are other requirements that must be considered. § 38-22-109(3) states that: "notice of intent shall be served by personal service or by registered or certified mail, return receipt requested, addressed to the last known address of such persons, and an affidavit of such service or mailing at least ten days before filing of the lien statement with the county clerk and recorder shall be filed for record with said statement and shall constitute proof of such service." Including the notice with the contract itself may meet the personal service requirements, but it would be important to note such service so that an affidavit of service can be created and included with a subsequent lien filing. And, since the notice of intent is generally a separate document, it would likely be a good idea to provide some sort of notice that it is included with the contract such that the owner is informed of their receipt. It is likely a better idea to automate the process a different way, so that your own specific deadlines can trigger the sending of a notice of intent, so it is never missed, it goes out when you want, it is sent by a statutorily appropriate manner, and you can just concentrate on doing the work. I'll make sure someone reaches out to you to talk about how you can make this happen and take it off your plate so you can concentrate on running your business.
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