Legal Question in Real Estate Law in Colorado
Mechanics Liens -- Protection from?
We just got served with a notice to fild a mechanics lien on our property by a subcontractor who was involved in our basement remodel. We have proof that we paid our general contractor in full for all work done on our house, but the electrician is asserting he never saw any of that money. Do we have grounds to dismiss the lien b/c we paid our GC? I have found conflicting information online. It seems incredulous to me that a consumer would have to pay twice for the work of a subcontractor that was not even chosen by the home owner. Nor did we have any sort of contract directly wih this sub contractor. If he did not get paid, he should have to go after the general contractor.
1 Answer from Attorneys
Re: Mechanics Liens -- Protection from?
Unfortunately, the subcontractor does have a lien right. It does not matter under the law if they had no direct contract with you the owner. If you had a contract with the general and they had a contract with the subcontractor, the subcontractor has lien rights against the owners.
While the sub most certainly go after the contractor for breach of contract and violation of the trust fund statute, that does not prevent them from filing a lien. You can also go after the general for the same claims.
You need to contact an attorney to try to resolve the issue and maybe a few appropriate letters from an attorney would resolve the matter.
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