Legal Question in Construction Law in Colorado

nonpayment buy homeowner/builder

I built and poured a foundation, had some rock pockets and coldjoints, the owner and I talked about it, I patched them, prepped and poured the flatwork, he said looks great, we be getting paid on the 10th, on the 8th he calls and says to stay away, we`ll be hearing from thier lawyer, we servrd a notice of intent to lien but his lawyer says the offsets are more than he owes us , and he built, and is still building on this foundation, do I have a chance?


Asked on 7/08/06, 11:16 am

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: nonpayment buy homeowner/builder

Sorry to hear about the nonpayment. Your facts state that you talked with the owner about any issues and after the foundation pour he said it looked great. Do you have any written proof of that or witnesses?

You need to review the contract if there are any provisions on offsets. Also, what are the offsets claimed? Was this a form contract (AIA, AGC, so on)?

As for the lien, it is a very powerful tool but you must follow the procedures to the letter regarding the form and timeframe. One mistake can invalidate the lien and leave you with considerably less leverage to negotiate.

Review the contract for the terms, notice provisions and the relevant terms and talk to a construction attorney to protect your lien rights. Good luck.

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Answered on 7/08/06, 1:19 pm


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