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Subcontracor work for wireless sites (AT&T Wireless) liens for sites in the Right of Way.

ColoradoLien Priority

My company is filing Intent to Liens/Liens on several (40) AT&T Wireless Small Cell Poles that are located in Right of Way of Denver, Aurora and Commerce City Colorado. The Intent to Liens/Liens are sent to the City/Municipality, AT&T Wireless and the General Contractor that hired my company. Is there information on this situation that might help my company get paid? Thank you, Jeff

1 reply

May 11, 2020
Sending Notices of Intent to Lien for unpaid work is a great way to force payment. And, on projects spanning the land of multiple owners, sending a Notice of Intent to every owner involved is a great way to put pressure on the parties in charge of the project. What's more, as you may know, each notice is likely a necessary step since Colorado Notices of Intent to Lien must be sent to the property owner and the GC. Of course, sending the Notice of Intent to the company in charge of the project is good practice (if not required), too. If the city was involved in the project, it'd be wise to look into whether the GC or the company in charge of the project has provided payment bonds. Plus, if it's considered a public-private partnership project (P3), then bonds would be required (though, if the land and right of way are privately owned, it might not be considered a P3 project). Either way - if bonds are present, then claims against those bonds may help to streamline the process for getting paid or could at least make sure that funds are there to pay out claims. So, requesting bond information from the GC, from the city, and from any others in charge of the project would be a smart move. Finally, keep in mind that legal remedies will be on the table, too, if you go unpaid. And, threatening to file a lawsuit - like with a payment demand letter - is yet another tool for turning up the heat and forcing payment.
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