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What happened if the subcontractor doesn’t want to pay even after a lien?

ColoradoMechanics Lien

I was doing HVAC work for a subcontractor and that Subcintractors work for a GC, it’s been a month I haven’t been payed and they are putting exudes as to pay. I have filed an intent to lien and it un a few days they don’t pay I will submit a lien. What if they still don’t pay after that?

6 replies

Jul 10, 2021
If the customer doesn't pay after you lien, you file a foreclosure suit w/in 6 months time of your last work.
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Jul 10, 2021
It sounds like you are just employed by this contractor. Unless this relates to personnel agencies and labor pools, people furnishing labor for the benefit of the contractor are not within the provisions of the mechanics'' lien statute. In short, your lien is not likely valid. If you want to file the lien and see if that works, that is your choice, but if the owner demands its removal you should talk to an attorney. You are free to file suit against the subcontractor at any time and should consider that especially if this is under $7500.
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Jul 10, 2021

So I'm not employed by them, I'm a subcontractor to a mechanical contractor.

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Jul 10, 2021

Thank you for your response! I might end up having to do that! 

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Jul 10, 2021
Anyone who provides labor and/or materials for the improvement of the subject property has lien rights.
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Jul 12, 2021

Hello,

I misread your question. You can file a lien. However, unless the value of your services is in the mid-five figures and up, the cost to foreclose on a lien in district court is likely going to be exceedingly time consuming and expensive.

If the amount due is under the small claims amount, you should consider that as that would be much less costly and time-consuming.

I hope it works out.

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