Colorado Notice by Contractor to Claimant of Dispute of Claimant's Claim Described in Stop Notice or Notice to Withhold Funds to Holder of Funds

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US-01039BG
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Description

The right to execute and deliver a stop notice or a notice to withhold funds is a remedy closely related to a mechanic's lien. When a stop notice or a notice to withhold funds is received by an individual or a firm holding the construction funds for a project, the individual or firm must withhold from its disbursements sufficient money to satisfy the stop notice claim. In this form, the contractor is informing the claimant that he is contesting complainant's claim and sending a copy of this notice to the holder of the constructions funds.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The first and best action you can take when a Mechanics' Lien is filed against you, or you receive a Notice of Intent to File a Lien statement, is to contact a knowledgeable real estate attorney in your area. If you live in Colorado, the attorneys at Robinson & Henry can help.

A stop notice is a document given for the purpose of stopping, intercepting, or freezing funds that have not yet been paid on a construction project in an attempt to ensure payment.

A bonded stop notice is defined as a stop notice given to a con- struction lender that is accompanied by a bond in a penal sum equal to 1.25 times the amount of the claim. 5 A construction lender is only obligated to withhold funds from an owner/borrower if properly served with a bonded stop notice.

The mechanics' lien is a right that California gives to workers and suppliers to record a lien to ensure payment. This lien may be recorded where the property owner has paid the contractor in full and the contractor then fails to pay the subcontractors, suppliers, or laborers.

Colorado requires all potential lien claimants to serve a Notice of Intent to Lien on the property owner 10 days before filing. General contractors, subcontractors, suppliers, and most others must file a Colorado mechanics lien within 4 months after last providing services or materials.

The Stop Notice must be signed and verified by the claimant or his agent, and contain all of the following information:The type of labor, services, equipment or materials furnished or agreed to be furnished;The name of the person to or for whom the labor, services, equipment or materials were furnished;More items...

A stop payment notice, also known as a stop notice, is given to notify the property owner, general contractor, and/or lender that the claimant has not been paid for their services, materials, or equipment in a construction project.

If you need to sell your house, or refinance within the next couple weeks and cannot wait for the lien to become unenforceable you may want to file a surety bond with the court. The surety bond has to be 1.5 times the value of the lien. The District Court will hold the bond and the lien will be removed.

Mechanic's liens also can be challenged by property owners if the property owner or someone acting on their behalf paid the contractor or subcontractor for his or her services (i.e., paid the contract amount and any other amounts due), provided certain conditions are met.

If a direct contractor is not paid the amount due pursuant to a written contract within 35 days after the date payment is due under the contract, and there is no dispute as to the satisfactory performance of the contractor, the contractor may give the owner a stop work notice.

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Colorado Notice by Contractor to Claimant of Dispute of Claimant's Claim Described in Stop Notice or Notice to Withhold Funds to Holder of Funds