Legal Question in Construction Law in Colorado

Mechanic's Liens

I am acting as contractor on the

construction of my own home.

I paid my excavator in full for his

work, and materials he supplied.

I have invoices marked and dated

''paid in full'', but did not get a lien

waiver.

I have recieved a notice of intent to

file a lien from a quarry claiming to

have supplied materials for my

property. Upon inquiry they provided me with receipts for

materials which were picked up, with my last name as the person to whom the materials were going to be delivered. The quarry did not

deliver the materials themselves,

and have only the excavator's statement that they were to be delivered to my property.

Some of the receipts were dated more the 4 months prior to the date of the lien. Also,some of the receipts were dated after the dates of my paid invoices.

Is this lien valid?


Asked on 3/08/08, 12:26 am

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: Mechanic's Liens

It may be valid. The fact that you paid the subcontractor is not a guarantee that they paid the materialmen. The time period for filing a lien is 4 months after the last work or materials, so the fact that "some" invoices were more than 4 months prior is not really relevant.

You need to contact an attorney to review the matter and consider remedies against the subcontractor. There are also very particular rules regarding liens for materialmen.

Read more
Answered on 3/08/08, 9:47 am


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