Legal Question in Construction Law in Colorado

leaseholder contracted for construction work

A commercial leaseholder on his own contracted to have remodeling work done in his leased premises without contacting us as landlords. He has not completed payment for the work and the contractor is filing a mechanics lien against the property. The contract is only with the leaseholder, his lease requires prior approval for any remodeling, and there is no contract with us (owners/ landlord). Can the contractor file a lien against our property when he has no contract with us? Can we hire an attorney to get it expunged?


Asked on 12/17/08, 2:48 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: leaseholder contracted for construction work

Hello,

Sorry for the problems. Your lease should have an explicit provision regarding not allowing liens related to tenant work.

Normally, you would have placed a notice of non-liability to prevent such a lien filing, but given that you did not have notice of the work such a notice was not possible.

You need to act quickly against the tenant under the lease and determine your rights as to this lien. This would require review of the lease and the lien.

Feel free to contact us if you have any questions.

Read more
Answered on 12/17/08, 3:10 pm


Related Questions & Answers

More Construction Law questions and answers in Colorado