Robert Murillo is a construction attorney licensed in Colorado and Arizona. Robert has more than 20 years of experience in all phases of construction and related litigation as well as business advice. As a former partner and general counsel of a Colorado general contractor, he has a practical understanding of the needs and issues faced by contractors and subcontractors. More...
Good morning, Sorry about the issues. It sounds like you furnished materials related to this project. If so, you must file the lien (remember, you must also include the necessary time related to the intent to lien in this timeframe) before four months have passed from the day the last labor was performed or the last material furnished by the lien claimant. If this was purely labor by day or piece, then the time frame is only two months. If you furnished matSee More...See More...
I am sorry for the issue on payment. The first question is whether snow removal is a labor or service that allows for a lien. I don't recall and case in Colorado directly on point. Anyone who provides services related to the construction, alteration, or repair of any structure, or who makes an improvement upon the land itself, is eligible to claim a mechanics’ lien. I don't think snow removal qualifies under that definition. That said, you could consider issuing a nSee More...See More...
Unless your contract provides a specified means for change orders and provides that you will not be compensated unless you comply with those terms, you can add this extra work to the lien amount due. Essentially, as long as the work was performed, you can claim a lien on that work. If your contract includes a default interest amount, add that as well. If there is no interest provision, then add the statutory default interest at the rate of 12 percent per annum. See More...
Good morning, Unless your contract provides a limitation on the timing of billing disputes, they are free to dispute things from months to years ago. I strongly recommend that you contact an attorney to draft proper agreements and help you on processes to hopefully avoid problems like this. See More...
You two are free to settle this matter under whatever terms are mutually acceptable. The contractor will either accept or refuse. If you make a proposal, make sure to have a proper written agreement and release that also includes a lien waiver. Contact a construction attorney to provide the form. See More...