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
4 Answers from Attorneys
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.
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.
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.
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.