What’s the best way go about this?

4 weeks ago

Should I send a notice of intent to lien to the job owner/general? I worked hours and didn’t get paid by a sub contractor I was working for and he fired me.
I worked side by side with the owner for all my hours are accounted for. The sub I was working for is living and making up false debts and saying I owe him money . So the homeowner said he will not pay the sub until I get paid. Should I still send him an intent to lien to get the ball rolling ?

Senior Legal Associate Levelset
95 reviews

When unpaid on a Colorado construction project, leveraging mechanics lien rights is a great way to force payment. As you may know, prior to filing a Colorado lien claim, a Notice of Intent to Lien is required. When a Notice of Intent to Lien is sent, it lets recipients know that if payment isn’t made and made soon, then a lien claim will be filed – and that can serve as an effective tool to jumpstart the payment process.

For a Colorado Notice of Intent to Lien to be effective, that notice should be sent to both the property owner and the project’s general contractor. It’s also worth noting that this notice must be sent at least 10 days prior to pursuing a mechanics lien, and sending notice on the earlier side of things can help to avoid actually having to pursue a lien claim. For more on the Colorado lien deadline and other lien requirements: Colorado Mechanics Lien Guide and FAQs.

Note, though, that it may also be worthwhile to try and talk out the issue first if there’s a chance that escalating the dispute might not be necessary. If there’s a good relationship with the owner or general contractor, discussing the matter with them or even asking to be paid directly might be a useful option. Though, again, it’s a good idea to send a Notice of Intent to Lien on the earlier side of things rather than waiting until the last minute.

For more on Colorado’s notice and lien process:

– Colorado Preliminary Notice Guide and FAQs
– How to File A Colorado Mechanics Lien – Step By Step Guide To Get You Paid

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