Author: admin

MECHANIC’S LIENS IN COLORADO

architecture-building-construction-534220

WHAT IS A MECHANIC’S OR CONTRACTOR’S LIEN?

In Colorado, if a contractor, subcontractor, or other person who performs work or provides material on your property (including superintendents, designers, engineers, architects, surveyors, suppliers), and is not compensated for the work, or material, they can file a mechanic’s lien on the property. Colorado’s Mechanic’s Lien Statute allows filing liens for the “reasonable value of labor, services and materials furnished in connection with construction of improvements on real property.”

TIMING AND NOTICE REQUIREMENTS

The time limits for filing a lien claim are crucial and must be strictly complied with or the right to lien will be lost. Generally, unless the labor is by the day or piece, the lien must be filed before four months have passed from the day the last labor was performed or the last materiel furnished. However, prior to filing a mechanics lien, the claimant must provide a “notice of intent to file lien statement,” and either serve it or send it registered, or certified mail return receipt to the property owner. The Notice of Intent to lien must be provided to the homeowner at least ten day prior to the filing of the lien.

AS A HOMEOWNER, WHAT CAN YOU DO?

First, contact a knowledgeable attorney.

Second, have your attorney review the contract (assuming you have a contract with the general contractor). Does the contract have a lien waiver or lien subordination provision?

Third, if there was work performed, and it is in compliance with the contract, was the lien, and notice of intent to lien filed properly i.e. including of the name of the property owner; creditor; entity who furnished labor/materials; address of the property; amount owed; claimant signature?

Fourth, was the lien filed timely? As stated above, the time limits for filing a lien claim are crucial and must be strictly complied with.

Fifth, is the lien amount accurate or overstated? Mechanic’s Liens must reflect the actual amount due based on the contract or on the reasonable value of labor, services, and materials that were provided. Overstating a Mechanic’s Lien in Colorado has severe consequences including forfeiture of all lien rights, and liability for the owner’s attorneys’ fees.

CLAIMS AND COUNTERCLAIMS AGAINST A CONTRACTOR OR SUBCONTRACTOR

Often times contractors or subcontractors are not paid because the work they performed was either incomplete or defective. Did you have to pay a different contractor to complete and/or repair the work? If so, then you may have your own claims or counterclaims.

FINAL THOUGHTS

If the Lien has been filed correctly, and the amount is reasonable, you can discuss “bonding off the lien” with your attorney i.e. replacing the property with money in the court registry so that there is no longer a cloud on the title.

Finally, remember, once the lien issue is resolved, or the lien expires, you will need to take action to have it removed.

If you have been served with a notice of intent to lien, call a knowledgeable attorney as soon as possible. The attorneys at Frederick | Ganderton LLP can be reached at 720-588-9120.

Trucking Accidents are Killing More People Despite Increased Oversight

According to the National Highway Traffic Safety Administration, the number of fatal crashes involving large trucks in the United States increased by 42 percent between 2009 and 2017. Nearly 4,800 people were killed in 4,237 wrecks in 2017, and national crash data shows that occupants of passenger vehicles, motorcycle drivers and people who weren’t in vehicles accounted for about 80 percent of the 4,761 people killed in crashes involving large trucks.

Truck crashes are killing more people, despite better inspections and more oversight. How safe are Colorado’s roads?

If you or anyone you know has been involved in a truck accident, call Frederick|Ganderton LLP today at 720-588-9120 to set up a free consultation so we can discuss your unique factual circumstances and assess your claim.

TRUCKING ACCIDENTS – A HEAVY SITUATION

Traffic accident, the car at high speed collided with a small truck.

As you can imagine, trucking collisions can be some of the worst accidents on the road. An eighteen wheeler clearly has size and weight over almost all other vehicles. Trucks often weigh 20-30 times as much as passenger cars and are taller with greater ground clearance. When there is a trucking accident, almost always, the passenger vehicle gets the worst of the situation.

According to the National Highway Safety Administration, in 2014 there were 3,903 people killed and an estimated 111,000 people injured in crashes involving large trucks. In the United States, an estimated 438,000 large trucks were involved in police-reported traffic crashes during 2014.

Truck breaking capability can be a factor in truck crashes. Loaded tractor-trailers take 20-40 percent farther than cars to stop, and the discrepancy is greater on wet and slippery roads or with poorly maintained brakes. Truck driver fatigue also is a known crash risk. Drivers of large trucks are allowed by federal hours-of-service regulations to drive up to 18 hours at a stretch and up to 77 hours over a seven-day period. Surveys indicate that many drivers violate the regulations and work longer than permitted.

Because of the damages, and complexity involved in a trucking accident, it is important to preserve evidence, begin documenting the crash scene, and speak to a lawyer as soon as possible. In fact, certain reputable trucking outfits have their lawyers on call 24/7 to be dispatched to investigate and preserve accident scene evidence and to give representation to the driver or operator of the truck. Unlike other accident cases, trucking cases carry specific deadlines to which they have to keep certain items on file. Crucial evidence can quickly be lost, black box data can be erased and memories can fade.

If you have been involved in a trucking collision, we can help you. Call Frederick|Ganderton LLP today at 720-588-9120 to set up a free consultation so we can discuss your unique factual circumstances and assess your claim.

DRIVE HIGH, GET A DUI

New TV ads are appearing in Colorado with the caption “Drive High, Get a DUI.”  While these ads are humorous, they make a good point.  If you are now legally getting high in Colorado, do not drive.  If so, you may end up with a DUID (Driving Under the Influence of Drugs.)

In Colorado, the limit for marijuana in the blood while driving is 5 nanograms of active THC per milliliter of blood, according to CDOT.  But, how much marijuana is that?  Unlike blood-alcohol content, which generally correlates with weight and number of drinks, marijuana affects different people in different ways.  “One hit could put someone over the limit,” said Emily Wilfong, CDOT spokeswoman, in an interview with USA TODAY Network.  She added that there is more than one way to consume marijuana. “For instance, edibles can take up to two hours before someone even starts to feel the effects.”  In addition, many critics of the new law argue that marijuana remains in a person’s system for as long as three months in frequent pot users – including those who use medical marijuana.

Is 5 nanograms a good indicator of impairment?  Some argue that it is not, and argue that many individuals may be unfairly convicted of a DUI.

However, in Colorado, there is a permissible inference that a person is impaired with a 5 nanogram THC-blood level, but the driver can rebut the charge that they were impaired, and a jury can still find them not guilty despite the test result.

If you have been charged with a DUID and need an attorney to help rebut the charge that you were impaired, please contact Frederick | Ganderton, LLP as soon as possible as there may be quick approaching deadlines that can affect your driving privileges.

COLORADO DUI ENFORCEMENT STEPPED UP FOR SUPER BOWL

Happy Super Bowl Sunday!  We at Frederick | Ganderton hope everyone has a blast cheering on the Broncos (or the Seahawks if you wish).  However, after the game, remember to call a cab or use a designated driver to get you home if you have been drinking.  The Colorado State Patrol is stepping up DUI enforcement across the state this Super Bowl weekend, and you do not want to be caught in a sticky situation.  Read the full article here:http://denver.cbslocal.com/2014/02/02/dui-enforcement-stepped-up-for-super-bowl-2/.

If you have questions about Colorado’s DUI laws, have been charged with a DUI or DWAI, or are facing a DMV suspension, contact Frederick | Ganderton Attorneys at Law today at 720-588-9120 to schedule a consultation

2014 CHANGES TO COLORADO’S DUI LAWS REGARDING REFUSALS AND “PERSISTENT DRUNK DRIVER

As of January 1, 2014, Colorado’s DUI laws have changed resulting in differing consequences for refusals and higher BAC tests as they relate to the Department of Motor Vehicles (DMV).

Prior to 2014, an individual who had their license suspended at a DMV hearing due to refusing a breath or blood test would lose their license for one year.  There was no way to get a restricted license or early reinstatement.  If you refused, you weren’t driving.  With the new changes, drivers that are revoked for one-year based on a determination that they refused a test will be allowed to reinstate their drivers’ licenses after two-months.  However, the individual must install an ignition interlock device in his or her vehicle for two-years.  The interlock devise can be expensive and embarrassing, but it now gives individuals who refused a test an opportunity to get to work and school after only two months.

The new laws also amend the definition of “persistent drunk driver” to include a person who refuses to take or complete a test as required by law.  In addition, a person will be considered a “persistent drunk driver” if they have a BAC of .15 or over, even if it is a first offence.  In the past, one was only deemed a “persistent drunk driver” if they had a BAC at or over .17, or had multiple offenses.  If considered a “persistent drunk driver” the individual must have an interlock device in their cars upon reinstatement for at least two years.

If you have questions about Colorado’s DUI laws, have been charged with a DUI or DWAI, or are facing a DMV suspension, contact Frederick | Ganderton Attorneys at Law today at 720-588-9120 to Schedule a consultation

Powered by WordPress & Theme by Anders Norén