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I was contract ,flat rate for the job to be done,. I have submitted my invoice to the tune of a couple thousand dollars. 6approx. 7 wks ago. I am now considering a lien to get paid. I whats the highest amout you can lien for? Is a multiple of the amount of the past due monies? And further i have since hadslate charges and am now having to pay for a security deposit on my electric. Should their lapse on the monies be held in wuestion? Can i add the cost that i bear as a direct result from their not paying me for the work provided?
Jun 10, 2016
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

Generally, Colorado’s mechanic’s lien statute limits the amount of a lien to the value of the materials, labor, or services provided. The amount of a lien may also extend to the full contract price, and may include interest. Thus, if you fully performed your side of the contract, you should be entitled to the entire contract price. The law is less clear on the subject of whether lien amounts may include additional damages flowing from the owner’s breach. If the additional costs you now bear relate to materials, labor and services provided to the owner, a good faith argument may exist that such amounts are properly included in the lien amount. Because a lien that is knowingly overstated is invalid, however, and because a party that records an excessive lien may be liable to the owner for the owner’s attorney fees and costs, great care should be taken to assert a lien only for the amount actually due.

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