Legal Question in Construction Law in Colorado

Re: Unfinished Construction Work

I do not believe you can put a lien on the contractors house, equipment or other property without a judgement in your favor by a court. You probably cannot directly attach the contractor because he probably has incorporated and that should protect his personal assets. But, you may attach his business assets.

You can take the contractor to court and you can go to small claims court because the amount is low enough. There are no attorneys in small claims court, but that does not mean you cannot consult one prior to making your case.

It sounds like you have a decent case, but it depends on what the contract says specifically. You should understand that the contractor probably understands contracts better than you because he deals with them all the time.

You should also understand that a judgement by a court that you get the money does not mean you get the money immediately. As you suggest, you need a lien. But, a lien only gets you the money when they sell or mortgage the property. When will that be?

One thought is to contact the carpet manufacturer or flooring manufacturer or supplier of each and explain the situation. It may be that the contractor has an agreement with one or more of them to install their product "in a timely manner" or to "customer's satisfaction." If so, then the manufacturer or supplier may discontinue their relationship with the contractor unless he finishes or pays you.

You should review the contract for a specific provision regarding default and damages. It may provide for your remedy.