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I am a subcontractor and we performed a big flooring installation in a commercial building and the company who hired us are not paying us with the total amount! It’s has been 90 days already since we completed the job . This job was done in the state of Colorado.

4 replies

May 27, 2022

Good morning, 

Sorry about the issues. It sounds like you furnished materials related to this project. If so, you must file the lien (remember, you must also include the necessary time related to the intent to lien in this timeframe) before four months have passed from the day the last labor was performed or the last material furnished by the lien claimant. If this was purely labor by day or piece, then the time frame is only two months. 

If you furnished materials, then you must consider the lien process immediately. Please, hire an attorney as the cost is not that much for us to provide you the forms and advice. A lien should certainly be filed but then the question becomes the cost to foreclose. If the amount at issue is under small claims, proceed with small claims. If this is over small claims but not say in the mid-five figures, consider a county or district court suit. 

In short, you need to get started now on the lien process and remember that this must be done perfectly as to form, service, and timing. 

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May 30, 2022
You'll want to record your mech. lien w/in 120 days of your last day on the job to preserve your rights. you can call me re: bond around by the Owner and what to do.
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May 31, 2022

Hi there,

You have several options to get payment for your work. But you will need to act quickly to preserve your rights. We can help you with this, please call our office and we can walk you through the process.

 

 

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Jun 3, 2022
Dear flooring contractor: If the project you worked on was a private project, you have 4 months from your last work date to record a mechanic’s lien (you must send the notice of intent to file lien statement 10 days before recording the lien). You also have other collection options under the Colorado lien statute, including serving a disburser’s notice to attach to funds paid, or to be paid on the project.
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