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Construction law often times cuts across numerous areas of law. Whether it is drafting contracts, foreclosing real estate, mechanics lien, or handling a partnership or joint venture dispute with a developer, our experienced attorneys are able to advise you on your rights, obligations, in order to protect your interests.
Construction Defects
Construction defect disputes have risen over the past decade at a commensurate, if not greater, pace than the construction industry itself. In Colorado, important statutory procedures and timelines must be met in order for a construction defect claim can even be filed in court. Compliance with the Colorado Construction Defect Action Reform Act once defects have been preliminarily identified, is a critical step in this process. Ralph A. Cantafio and Reed Morris have experience in litigating construction defect cases from pre-trial negotiation and settlement through jury trial and post-judgment collection type proceedings. Many of our firm's oldest clients are in the construction or real estate industries, or have had their lives touched by a construction defect issue. Involving engineers, design professionals, and other experts in the construction field early in a case provides insight as to the scope of any defect, and unnecessary costs and alternatives to repair. Bringing an aggressive, informed, and professional approach to construction defect disputes early on has brought success to our clients in resolving such disputes in an efficient manner. If you have a construction defect issue or are a contractor, engineer, or design professional involved in such disputes, we can assist you.
Contracts and Contract Disputes
See Commercial Litigation
Mechanics Liens
Most contractors are aware that the mechanics liens statutes provides an additional form of payment remedy beyond contract dispute when a client has not paid for labor or materials included in a construction project. While the concept seems simple, the proper recording of a mechanics lien involves strict deadlines and notice requirements. Filing a lien in an amount that exceeds that you are owed can expose a contractor to counter claims if a mechanics lien case should go to foreclosure. If you think a payment dispute or payment problems are on the horizon, you need to examine and prepare to exercise your lien rights within a very short timeframe. If you need assistance with mechanics liens or mechanics liens have been filed on your property, we are your attorneys.
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"How do I file a mechanic's lien?"
Make sure to start the process early to give yourself enough time to comply with the statute that permits mechanic's liens. A mechanic's lien should be filed no more than 120 days after the last work. However, the process begins by completing a Statement of Lien. This must be mailed certified or served; thereafter, there is a 10 day window. If payment is not made within that 10 day period, then you can file the lien on the public record with the Clerk and Recorder in the county where the work was performed.
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