Legal Question in Construction Law in Colorado

I recently purchased a new home from a large nation wide builder. A month after I purchased the hme I received a letter of intent to file a lien on my home by a concrete company who did work on the home during construction. The builder told me that they paid a contractor to do the work and that contractor used this company and never paid them. Do they have a right to put a lien on my home when I had nothing to do with the process and bought the hose once completed by the builder? Who is responsible here, the builder?


Asked on 5/13/10, 7:21 am

1 Answer from Attorneys

Jeffrey Kerrane Benson, Kerrane, Storz & Nelson, P.C.

Any subcontractor who does work at your home has a right to file a lien if they are not paid--even if the homeowner paid the contractor in full (or in your case, paid for the home).

It is your builder's responsibility to resolve this issue, but if your builder does not take care of it, you may ultimately be liable. The good news is that the lien expires in 6 months, and in many cases, subcontractors do not pursue their lien rights and the lien simply expires.

Get the builder to resolve this issue, and if the builder does not take care of it, call an attorney.

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Answered on 5/18/10, 6:31 pm


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