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Colorado Questions
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Colorado
We transported a brand new 4 box home and then set it up onto their foundation. Now they are refusing to pay for more then half the invoice can i take a mechanics lien out on them?
ColoradoI am getting ready to start a project for a new homeowner. They asked me to produce a lien waiver for all my subcontractors before we begin work on the project. I guess I have two questions- 1) Can I have my subs sign a lien waiver before money has exchanged hands yet? Or should I just provide lien waivers for each progress payment? 2) Would it be easier to do an indemnification instead to protect the homeowner from any subcontractor mechanic liens?
ColoradoCustomer was very intoxicated most of the job. On the second day on the job I went to lunch and he called me very intoxicated, said I was fired, and proceeded to belittle me. I didn't know from day to day what the environment was going to be like. The last day I finished up the job. I told him a 2 ft. piece of bullnose I installed got wet and darkened up. If it didn't lighten up after it dried I would replace it. He said ok and paid me the check . I went right to my bank and deposited it. The customer called and left a message about the piece of bullnose that I could not understand because he sounded very intoxicated. I figured he would sober up and remember our conversation. That was the last I heard until I found out he stopped payment
ColoradoRetail site we put up 3 retail buildings and their parking lots. Job has been complete for several months, but now owner (developer) has issues with the lot from paving, dirty, etc. to a point of being ridiculous. They have paid us all of the contract, but have withheld a value that is too large for the reasons they keep giving as issues. Can we file a lien?
ColoradoI have filed a Notice of Intent already, and since discovered an invoice with a later date than indicated on my original NOI
ColoradoI'm a material supplier hired by a subcontractor on a commercial job in Colorado. I sent a notice of intent to lien. The customer paid some of the outstanding balance but still owes some.
If I proceed with filing a lien, do I need to send a new Notice of Intent for a decreased amount first (the previous one has a higher outstanding amount than the current balance).
Coloradocost plus contract late and incomplete payments, now no payments on billing,how is the lien set up on a cost plus deal, also This bank always bonds around the liens. how do we protect against this
ColoradoCommercial property with 1st lien, 2nd lien, mezz debt and mechanic liens
ColoradoThe excavation company's original contract was for $49,730. Billed amounts of $31,950 and $9,000 were paid, leaving a contract balance of $8780 to finalize the contract work. The excavation company did perform additional work to complete retaining walls and stone work. The excavation company billed on 7/10/17 for an additional $15,919.50 to perform this work. This charge was billed as labor and machine time at an hourly rate. We believe we are being overcharged. On 8/14/17 we paid the balance of the contract $8780, and would expect to pay the difference $7139.50 . We worked in good faith to resolve the dispute with emails and phone calls. On October 23, 2017 we received certified mail stating the excavation company intends to file a lien with in 10 days for the unpaid $15,919.50.
To summarize my questions:
All payments made to date have had CRS 38-22-119 lien releases signed by the excavation company. No further work was performed on site after the lien release was executed.
Can he legally file this lien?
If not, how do we legally prevent the lien from being filed?
Should we execute a performance bond and a labor and materials bond, each in excess of 150% of the contract price? I don't understand the bonding process? is it cash or letter of credit?
Does bonding tie up a substantial amount of my working capitol?
Please advise. Thank you.
ColoradoWe are involved in a situation where it looks like a foreclosure sale is imminent on a property with several outstanding liens (mechanics and mortgage). Our mechanics' lien was recorded after several other mechanics' liens. We are wondering whether the fact that our lien was recorded after other liens will impact our right to collect from the foreclosure proceeds. That is, are subcontractor mechanics' liens that are recorded first senior to subcontractor mechanics' liens recorded later? Or will the court apportion the foreclosure proceeds equally among the lien claimants based on their pro-rata share of the entire amount in outstanding liens? In other words, will the first subcontractor to record a lien be paid in full before the later subcontractors get paid?
Colorado