Legal Question in Construction Law in Colorado

Lein process

I am a sub-contractor and I have submitted several contracts to the G.C. on a project along with several change orders, none have been signed but we proceeded on good faith and direction from both the G.C. and the owner of the building. Now at the end of the project niether the G.C. or the owner will provide payment' I shut down our work and gave both the owner ad G.C. notice that work would be suspended leaving approximetly $5000.00 worth of our work incomplete. I have since filed our notice of intent and the lein with the city clerk. What is my next step and if this goes to court what am I intitled to monaterily beyond labor and matirials. This G.C. has issued me 2 checks that bounced one for 40k and one for 25k, and with all our working capital tied up in thi job we are unable to inter into any cotracts wit other G.C.'s which I get 2 to 6 invitations to bid work from a day. I have taken not only direction from the owner but they have payed me directl twice when the G.C. refused. This is a very high profile project with much poblisity and media coverage. Nearly all of the other sub's have or are about to file as well, these are very high scale residences in a very high scale hotel.


Asked on 6/12/08, 1:39 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: Lien process

Sorry to hear about the problems. Colorado law provides subcontractors various strategies against both the GC and the owner to try to get payment. The options depend on the specific contract and facts of this project.

Additionally, if there are other subs involved you need to consider how their filings may impact your rights and determine strategies. Based on the amount at issue and timing, you need to contact an attorney to consider options.

Liens are a matter of statute and they must be done precisely as to terms, amount, timing and other issues. If you make a mistake you may lose your lien rights. If you want to discuss matters you can email or call our office.

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Answered on 6/12/08, 2:15 pm


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