We are a window and door company and we have almost $150,000 with just one GC ,HOWEVER, we have 4 months past the Lien requirements.They have dragged their feet. Can we go after the house that has bought the house? or the contractor? Can we go after the homeowner.
There a multiple options. The specific facts and applicable law (e.g., contract terms and state/federal laws) will frame what might be the best option for a specific situation. The key is to take informed, decisive action of what is best for your situation. Every situation is different because of the details. Time is of the essence. Generally, a good starting point is interview an experienced, qualified Colorado construction attorney who can critically analyze the details and leverage both facts and law. An attorney can evaluate options including assessing the relationships, the facts and the law. Alternatives to filing suit may include negotiation, mediation, and arbitration depending on the circumstances.
I am sorry for the issues. As noted by my colleague, there are various options. You can still sue, it just cannot be a lien foreclosure action, if you truly are outside of the time to file the lien.
Reach out to several experienced construction attorneys and then work with one that fits and has terms that are acceptable. Our firm, like many others, offer free initial consultations.