Legal Question in Construction Law in Colorado
mechanic's lien from subcontractor
I am a licensed general contractor who did some work remodeling a house. I haven't been paid for the final week of work, even though I provided a bill ( and the amount was consistent with previous week's work, for which I got paid). I recently received a check for less than 1/3 the amount owed along with an itemized list of items deducted from what I was owed. These were mostly ''supplies'' and there was no agreement that I supply my own materials, etc. I haven't cashed the check. Is filing a mechanic's lien appropriate, or do I first need to go to small claims court?
1 Answer from Attorneys
Re: mechanic's lien from subcontractor
You should file a mechanics lien first to preserve your rights in that regard, contact the owner to try to negotiate a settlement and, if that doesn't work, foreclose on the lien.