Home>Levelset Community>Legal Help>We have a job that we installed a new Air conditioner with a permit. We cannot schedule the inspection because the customer has been very difficult and wont return my calls. Is it legal to file a lien without an inspection?
We have a job that we installed a new Air conditioner with a permit. We cannot schedule the inspection because the customer has been very difficult and wont return my calls. Is it legal to file a lien without an inspection?
We have a job that we installed a new Air conditioner with a permit. We cannot schedule the inspection because the customer has been very difficult and wont return my calls. Is it legal to file a lien without an inspection?
1 reply
Nov 15, 2018
That's a good question. First, it's worth noting that in Colorado, completion of the work is not a prerequisite to filing a mechanics lien. So, if work has been performed and unpaid, that work may lead to a lien filing - regardless of whether all obligations under the contract have been performed. Further, even if full completion were required prior to a lien filing, it'd be unlikely that an owner's refusal to allow access for the inspection of the work to be a valid bar to a mechanics lien claim. It's worth noting, though, that prior to filing a Colorado mechanics lien, a Notice of Intent to Lien must be sent to the property owner, along with a copy of the lien statement to be filed. This is actually a helpful step for lien claimants. While creating another obligation prior to a lien filing can be a little burdensome, a Notice of Intent to Lien can actually help avoid a lien claim in the first place. A Notice of Intent to Lien acts as a warning - it tells the property owner that if payment isn't made, a lien claim will be filed. Considering nobody likes a mechanics lien, the reality of an impending lien filing will often compel an owner to pay what's due. Plus, if the owner isn't responsive to a Notice of Intent to Lien, a lien claim is available as the next step. You can learn more about Colorado's Notice of Intent to Lien here: What Is a Colorado Notice of Intent to Lien?. For more on the CO lien and notice requirements, this zlien FAQ should be helpful. And finally, the deadline to file a Colorado mechanics lien can be tricky - and this article can help clear things up for potential claimants. Good luck!