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What happens when you're late to file a lien?

ColoradoConstruction ContractLien DeadlinesPayment Disputes

I have done a Job in December 22 was the last days we were on the job site. now we have gotten multiple payment both checks and by square the app. Now the the guy that hire us let us go for now showing on Christmas Day. but a month later he disputed on of the payments he had made. I had provided square with a contract, emails text messages and the bank has ruled against me, and gave the costumer he's money back. what can I do in this situation?

4 replies

Apr 19, 2022

I am sorry for the issues. When you must file the lien depends on what you did. If the lien is claimed for labor or work by the day or piece, but without providing materials, the lien must be filed after the last labor for which the lien is claimed has been performed, but no later than two months pass from the day the improvement is complete.

For all liens, the lien must be filed before four months have passed from the day the last labor was performed or the last material furnished by the lien claimant. You don't have enough facts to determine which date applies. 

If you are within the time to file a lien, then follow that process to the letter and see if they will pay. They often do not for small jobs. 

If they do not, then, if a lien was filed properly, could foreclose on the lien but that makes sense only for matters where the amount due is in the mid-five figures or so. You also can just sue for breach of contract and other claims rather than foreclose. 

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Apr 19, 2022

we did provide materials, as well as labor. but since its about to be the four months its where am not sure what can I do since they say that here in Denver that i must give a 10 days notice. so am not sure what to do?

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Apr 19, 2022

If you are sure that December 22 was the last day of labor or materials, you then are too late. The notice of intent to lien must be served at least 10 days before filing and that goes past the time. 

As I noted, you can still sue. If this is under $7500, use small claims. If above, contact an attorney for assistance. I hope it works out and you get paid. 

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Apr 19, 2022

Thank you, it is above 7,500 so i will look for an attorney.

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