Legal Question in Construction Law in Colorado

Sub-contractor lien and money owed from contractor

We contracted with a contractor to complete our basement. We had paid an installment that included materials for our flooring. Contractor called us and said that he had accidently given our allocation to another job his is working on and needed another check to cover it. We wrote a check directly to the flooring company and they have our flooring. Weeks later a drywall subcontractor who did work on our house said he will be filing a lien on our home since he hasn't been paid for his work on the job by the contractor. We paid a drywall installment to the contractor so we have already paid for the work. Contractor said he would take care of it and is now missing and not returning any phone calls to the sub or us. We would like to know what to do about the threat of a lien and secondly, how do we get our money back for the flooring since we paid for it twice. We now have possession of the flooring, but are out the first payment he misallocated.

Thanks.


Asked on 12/30/03, 1:28 pm

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: Sub-contractor lien and money owed from contractor

If a subcontractor is not paid by you or the general, they can file a lien against the property. I suggest that you file suit against the general now, but you will need to locate him to effect service of process. The law involving mechanic's liens is complex, so you should speak with an attorney.

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Answered on 1/02/04, 4:09 pm


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