Legal Question in Construction Law in Colorado

As a contractor on a home remodel job, can I legally hold a subcontractors pay until he signs the lien waiver ?


Asked on 1/22/11, 12:39 pm

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

Before they started work did you have a contract that stipulated that payment was conditioned on them signing lien waivers? If so, then the answer is generally yes. If you are working without a contract, you cannot just unilaterally impose conditions now.

It is a good idea to use written contracts which outline your rights for lien waivers and a certain retainage amount to protect yourself and the owner from subcontractor issues.

DISCLAIMER—This answer is for informational purposes only and is not legal advice regarding your question. This answer does not establish an attorney-client relationship.

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Answered on 1/29/11, 6:13 am


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