Legal Question in Real Estate Law in Colorado
unlicensed contractor put a pien on a house he did not complete the job for
I paid a contractor for half of the
cost of a job about two years ago,
which is what the contract called for,
the deal was that he woudl deliver a
turnkey renovated home for 34,000
he went into the hole and overspent
his budget on multiple occasions
having to renegotiate the contract, I
paid when money was due however
since he had not finished the job i did
not pay him the last part of what he
was owed, he has now put a lien for
31,000 which is no where near what
i owe him even if it were done and I
cannot sell the houses even though
they are listed, he left all houses in
shambles and did not complete one
written agreement that i was
charged for, I told him if he finshed
the house I would pay him but he
never did, he got fed up because of
his own mistakes and dropped the
deal, he is unlicensed, which i found
out after i hired him, And he filed the
lien within the last month which is 5
months after he stoppe working, I
connot rent, or sell the houses
because of this, Now he has a
notoriously badly reputed attorney
representing him and I have no deals
on the table to sell it. HELP ME
PLEASE! I am in San diego he and
the houses are in colorado.
3 Answers from Attorneys
Re: unlicensed contractor put a lien on a house he did not complete the job for
Afternoon,
Sorry to hear about the problems. You need to get Colorado counsel to inform their attorney that you intend to file an action to remove the liens and hold them liable for your attorney fees.
If the lien is both outside of the time allowed to file the lien and is an excessive amount, they may have forfeited their lien rights and the court may rule that the contractor is liable to pay you "an amount equal to the costs and all attorney's fees." See � 38-22- 128, C.R.S. There may also be possible damage claims for an invalid cloud on title.
Feel free to contact our office about this matter.
Re: unlicensed contractor put a pien on a house he did not complete the job for
Not only can an unlicensed contractor record and enforce a lien, but you are entitled to a refund of all monies paid to the contractor.
Furthermore, it sounds from your factual recitation that his lien is untimely.
Short answer is that there appear to be a host of problems with the lien. We have several attorneys whose emphasis includes suing contractors. Please call or email if you need help.
Re: unlicensed contractor put a pien on a house he did not complete the job for
I do not agree with Mr. Guerrini. A contractor who is not licensed may not assert a mechanic's lien. (Lewis & Queen v. N. M. Ball Sons (1957) 48 Cal.2d 141, 145-148.)
This provision does not apply, however, to a materialman who delivers goods. The materialman does not have to be licensed to assert a mechanic's lien.
If you are trying to sell your house, and he has clouded your title, you are either going to have to bond around the mechanic's lien, or hire an attorney to expunge the lien. Attorney's fees are usually recoverable if you have to expunge.
These crooked characters may also attempt to bring an action to foreclose the mechanic's lien.
If you need the name of a good attorney in the San Diego area that can help you, contact me and I will give you a free referral.
Very truly yours,
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