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I'm an electrical subcontractor working on a multifamily residential project in Denver, CO. I received a check for a partial payment owed. The total owed to us is $7,000, for which I have sent out a notice of intent to lien. I received a check for $1,700. The back of the check has stamped "Mechanic's Lien Waiver" and the contractor has emailed me claiming that that is the total he owes and is willing to pay. Wording below it says "By endorsing this check, payee waives and releases any mechanic's lien rights which payee may have with respect to work performed or materials furnished by payee for which payment is made by this check" Then a signature line below. Can I cash this check without signing the lien waiver? Can I sign the waiver but add a line that it only covers invoices through a certain date? Or do I risk my rights of my lien?...Read More
Denise Walker
2 answersAdd commentOct 19, 2021
ColoradoLien Waivers
In the state of Colorado, What is the difference between contract funds where you have to file a bond claim within 90 days of final settlement and public contract funds where you have to file 60 days after last furnishing date? Thank you, Carol Cleary...Read More
Kathryn Hoffman
1 answerAdd commentOct 21, 2021
Colorado
We are a Lender starting to offer construction financing in the CO area and have been told that it is our obligation to file a "Disburser's Notice" prior to advancing any funds to our GC on M&M Lien Contract. If this is the case, where I can locate the Disburser's Notice to be used? Any assistance regarding this matter would be very helpful....Read More
Anonymous Contractor
2 answersAdd commentOct 26, 2021
Colorado
I was contracted by an individual to install 18 five foot by twelve concrete pads for a disc golf course in victor Colorado. There was a written contract and yes I am a state registered business. In that contract it states we use progressive billing and had been using that. Once we had finished the job I was told the customer couldn't pay that day perhaps the next day. That next day came and I was told he was having a function so we needed to meet up after that. The day we were to meet I was told via text message he wasn't going to pay the last invoices of $2800. So after going back and forth for a day he then stated he was only going to pay $1300 due to work not being good and that's not true matter of fact he used a pic of my pad on his website. Now he is saying since I agreed to accept the $1300 he didn't owe me anything. Can I file a lien?...Read More
Anonymous Contractor
1 answerAdd commentOct 26, 2021
ColoradoMechanics Lien
Hi there I live in Colorado and I did some work on a customers house and he won’t pay. I have pictures, receipts, agreed to estimate and a sub contractor there to prove it. How do I move forward?...Read More
Anonymous Laborer
1 answerAdd commentOct 4, 2021
ColoradoMechanics Lien
Hello! we're a subcontractor that is awaiting payment for a project that has been completed, they say they are withholding payment till we fulfill the warranty for two older projects that were done for them last year . since we never received payment a lien was filed. the issue is that it was filed incorrectly and for the wrong amount. A notice of intent to lien was not filed before the lien was filed, this is for the state of Colorado in weld county. after talking to the company they then decided to pay us only what was asked for on the lien, but said that if we removed the lien they would send us the full check, instead of just the check for the lien. after trying to work things out they refused to accept the release form that we had. this was done through a third party company before signing up with level set. at this point they refused to send the check to us but instead sent it to their attorney to hold in escrow also stating that any fees incurred would be deducted from the check, until we remove the lien and repair the buildings in question. What would be the best course of action and the next steps necessary to find a solution to this issue....Read More
Jessenia Velazquez
1 answerAdd commentOct 7, 2021
ColoradoPayment Disputes
Hello, Thanks for the informative website. I'm interested in learning more about filling a lien against a contractor for a hotel project. I'm owed ~$1,300 and have only heard a response of, "you'll get paid, when I'm paid." It's been past the net 30 arrangement, and I feel if I don't take further legal action I'll never get paid. Your input and advice would be much appreciated. Matt Sloka mattsloka@gmail.com Denver, CO ...Read More
Anonymous Contractor
1 answerAdd commentOct 8, 2021
ColoradoMechanics Lien
I'm a subcontractor working a a roof on a mall. Some ceiling tiles got wet during the re-roof process. The Contractor just went ahead and replaced the ceiling tiles and never approached me or gave my company the opportunity the make the repairs ourselves. doesn't Colorado law allow the subcontractor first right to correct? The contractor is trying to back charge me for repairs they made, but had never approached me about?...Read More
Anonymous Contractor
1 answerAdd commentOct 22, 2021
Colorado
I'm an electrician in Colorado working under a handyman title with my own LLC. I worked on a home remodel job with a friend of mine who is starting his own general contracting business. The project was managed overall, by a real estate management company. The "contract" electrical work consisted of 3 items totaling $800. Throughout the project, the homeowner requested many extras(well known to all above me) that were outside the contract scope. Work I performed, at the behest of the owner, my friend, and the project mgr. I have many recorded calls and texts that reflect this. At the end of it all, with not a single hint of poor workmanship, or any complaints at all, I seem to be stuck with a bill for the change order work I've done, totaling $5276.54, that nobody involved is willing to pay. Largely due they say, to the fact that nobody above me in the chain, obtained written authorization from the owner for the work. I've sent a notice of intent to lien, to which the management co responded by promising to work with me on it if I started my own company and signed on as a vendor with them. I've done this, only to be left high and dry. It seems they are either ignoring it now, or more likely, preparing to fight it. I'm at a loss now for what to do. I'm just getting started, so I have no capitol with which to hire a lawyer. Not getting paid this $5k hurt me financially, really bad, given all the delays with empty promises they offered up. My principles won't allow me to simply let them get away with this. The homeowner has extensive knowledge of construction contracts, as her father was some big contractor in new York. She knew the work was extra. I voiced my concerns a month before the project end, about being paid for the extra work, to the PM and was told it would be addressed. How strong is my case? Do I have a chance of winning if they fight? Please advise, and thank you for your attention. ...Read More
Edward Davis
2 answersAdd commentOct 18, 2021
Colorado
I have many school projects that per the contract are completed but I am having trouble locating the final settlement of the work. I have looked in the local newspaper is there another way to get these dates?...Read More
Anonymous Subcontractor
Waiting for answerAdd commentOct 12, 2021
Colorado
I was helping a guy that was treated poorly and taken for a 12,000 dollar ride. All he got out of it was a gutted house with a new floor and some hung drywall. This guy was about to have a break down. He knew I have 20+ years in most residential construction. So he asked me for help. He would get all the materials if I did the work. I have a part time to sometime full time job. I explained to him I would have to put my job first. He said that's fine. I'm not worried about time. I just want to get it back together. Well after working my job 8 hours then come home and go across the street and put in another 4-6 hours on his place. I had worked myself almost to death. I went to the doctor and found out I was about to have heart failure. So needless to say I had to take a break. There was one week he was going to pay me. I had just got paid from my job, so I told him to hang on to it because I didn't need it at the time. I knew he wasn't rich and he said " Cool I can use the money this week, that helps he said". Well sense I had to sit out for two weeks he has fired me and said he isn't going to pay me that week he owes....Read More
Anonymous Contractor
1 answerAdd commentOct 12, 2021
Colorado
As an owner, we are issuing an AIA 141 agreement to a design builder. Typically we are used to issuing the A101 with the A201 supplementary conditions. Do I need to issue the A201 with the AIA141? There seems to be a lot of duplications. Can I just add the missing clauses from the A201 to the A141 that I feel need to be included?...Read More
Anonymous Contractor
1 answerAdd commentOct 7, 2021
Colorado
We hired a contractor to erect a steel building that we bought and paid for. We paid the contractor in full upon what he claimed was completion and have copies of all cancelled checks. We now have a mechanics lien on our property, filed by the subcontractor, because the contractor did not pay him. During all this we found that the work has not actually completed. There are bags of insulation left that need to be installed at the ends of the roofline to keep moisture, birds, animals and bugs out. We need to know if this is a valid lien and/or how to get it removed as this needs to be between contractor and sub....Read More
Anonymous Contractor
2 answersAdd commentOct 6, 2021
ColoradoMechanics Lien