Legal Question in Business Law in Colorado
I own a commercial cleaning business and I hired an independent contractor to do some work in one of my client's facilities. He did not complete the job, however I did pay him for the portion that he did complete. He is now threatening to sue me for the remainder and/or file a mechanic's lien against my client's facility. Is this legal?
1 Answer from Attorneys
Your question involves two separate possible actions. Can someone sue over a claimed breach of contract? Yes, they certainly can. The question is only who would win the suit. The other action involved a possible lien. That, unlike a straight suit, is a matter of the lien statutes and a person must be entitled to file a lien under the statute otherwise a filing may be invalid. Under the lien statutes, every person who provides labor or furnishes material used in the construction, alteration, improvement, addition to, or repair of any structure or improvement on land, is entitled to a lien. To accurately answer your question requires more facts, there is some initial question whether, under your facts, a cleaning contractor�s work (unless this was related to the stated categories) would constitute construction, alteration, improvement or addition to qualify for a lien.
In short, (and I know that people think, incorrectly, that this advice is some sort of unfounded pitch) you need to speak with an attorney about your matter if they file suit or file a lien. This is required to provide you the best means to defend your business and provide agreements and advice to avoid this problem in the future.
DISCLAIMER�This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. For legal advice, you should retain legal counsel for advice regarding your specific circumstances.
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