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What if the GC has closed his office, is there a way that I can still get paid?

I am a Subcontractor, I have a commercial contract with a GC, 30 days have past since the last day of labor and material delivery and I have not received payment, I went to the GC's office to deliver a Notice of intent to lien and the office was closed, I mean there was nothing inside the building. Is there a way that I can still get paid?

2 replies

Jul 26, 2018

I'm sorry to hear about that - it must have been bizarre seeing the GC completely disappear. First, I'll mention that if a lien claim is filed, that claim attaches to the underlying property - regardless of what happens to the GC. Of course, in Colorado, a Notice of Intent to Lien must be sent prior to a lien filing. But just because a contractor has disappeared does not mean that a claimant cannot abide by the requirements for sending the Notice of Intent to Lien. Under § 38-22-109(3) of the Colorado lien statute, "Such notice of intent shall be served by personal service or by registered or certified mail, return receipt requested, addressed to the last known address of such persons, and an affidavit of such service or mailing at least ten days before filing of the lien statement with the county clerk and recorder shall be filed for record with said statement and shall constitute proof of such service." Thus, even if a contractor has abandoned their post without any prior notice, a Notice of Intent to Lien sent to that contractor's last known address "by registered or certified mail, return receipt requested" will be sufficient to abide by the Notice of Intent to Lien Requirement. That means a mechanics lien filing may still be a viable route for recovery. Of course, other options for recovery - such as small claims court or litigation - might also be available.

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