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What kind of lien do I need to apply?

What kind of lien am I looking for? We built a portable shed for them, delivered it to one address, had a hard time getting them to pay us, They call this year and wanted us to move that same building to a different location. We did and they still have yet to pay us. They will not answer phone calls, texts or emails.

1 reply

Jul 6, 2018

That's an interesting question. It's first worth noting that mechanics liens are generally available for those who provide construction labor and/or material for the permanent improvement of property. That is, typically, performing work off-site would not give rise to mechanics lien rights in the destination property. However, Colorado law is very expansive in granting lien rights. Delivering and installing a portable building on real property might be considered "lienable" in Colorado, but that's a determination that might eventually be up to the courts. It's hard to predict how questionable cases might turn out. However, regardless of whether or not work actually gives rise to mechanics lien rights, there are strict lien deadline and notice requirements. If not adhered to, even the most clean-cut scenario might not give rise to a valid lien. In Colorado, the deadline to file a mechanics lien is typically 2-4 months after labor and/or materials were last provided to the project. This deadline can be extended under certain circumstances, but even then, for the lien deadline to be extended, certain documentation would have needed to be filed. Further, before a valid mechanics lien can be filed, a Notice of Intent to Lien must be filed at least 10 days prior to any lien filing. For more information on Colorado lien and notice requirements, try our Colorado Lien and Notice FAQs. The loss of lien rights would not mean that the right to receive payment is lost, though. There are other avenues for recovery that are likely still available - such as a breach of contract claim, an unjust enrichment claim, or even potentially a lien on personal property. Further, small claims court may even be an option.

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