Legal Question in Real Estate Law in Colorado

contractor put lien on a job he did not finish in contract time

what forms do i serve him to make

him realize he would loose, i have

reciepts showing i paid him what the

contract said and the last contract i

signed he added that for each week

it is not done after dec 10 of 06

$1,000 would be deducted from the

balance. he just informed me two

days ago there was a lein, and the

work is not done by any means. he is

a dishonest man trying to take me

for a fool. please help me find the

right sequence of forms to send him

so he backs off and releases the lien

or shold i sue him for liable/slander

and make him pay for the time the

house was not producing income due

to his failure to finish over two years.

thank you this is a very helpful

resource


Asked on 5/25/07, 4:40 pm

4 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: contractor put lien on a job he did not finish in contract time

You have a serious problem. The contractor is in breach. You may make a claim on his bond for damages which include the lost rentalvalue, the cost to complete, and more. Contact me directly.

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Answered on 5/26/07, 8:36 pm
Johm Smith tom's

Re: contractor put lien on a job he did not finish in contract time

You will probably need an attorney on this. We have a CA attorney and can put you in touch with a CO attorney in your area.

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Answered on 5/25/07, 5:51 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: contractor put lien on a job he did not finish in contract time

Contact the state contractor's license board and file a complaint. Send a copy of the complaint to the contractor. If this does not get his attention then seek the advice of an attorney. Unless he files a lawsuit within the statutory time, which is quite short, the lien dies as a matter of law.

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Answered on 5/28/07, 2:11 am
Robert Murillo Pivotal Legal Ltd.

Re: contractor put lien on a job he did not finish in contract time

Morning,

Unfortunately, there is no way any attorney can just say "use form X, then Y, then X and then you win". It would be great if law was that simple. It isn't. An attorney will need to get more facts and more documents to be able to provide you with appropriate advice.

This is a Colorado matter. Under CO law, a contractor has either 2 months or 4 months from the last date of work to file the lien (depending on the type of work or materials provided). Moreover, at least 10 days before filing you must be served with a notice of intent to lien in a specified manner.

The lien statute is strictly construed which means that if the contractor fails to follow the rules to the letter (including form, timing, basis and amount) the lien may be void.

Either contact a Colorado construction law attorney or start reading Title 38 Article 22 of the Colorado Revised Statutes. Depending on the facts, an attorney may only need an hour or two to assist in resolving this matter. Good luck.

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Answered on 5/28/07, 10:45 am


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