Legal Question in Real Estate Law in Colorado
Homeowner hiring a contractor to remodel home
A home owner hires a contractor to put an addition on a home. The contractor hires a sub-contractor to do some of the work. The work gets done, and the contractor fails to pay the sub-contractor. Is it the responsibility of the home owner to pay the sub-contractor, even though he has paid the contractor for 100% of the work? Can the sub-contractor file a mechanics lein on the home?
1 Answer from Attorneys
Re: Homeowner hiring a contractor to remodel home
The subcontractor can file the lien. However, you should check the law, becuase you can bring in the general contractor if you paid him in full. There is a trust fund statute requiring the general to pay subs if he has been paid.
Also in some circumstnaces full payment to the general may be a defense.
Negotitate this with the sub, and bring in the general to clear it all up.
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