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Bad electrician threatening to file mechanics lien. Can I stop him?

ColoradoMechanics Lien

I have an electrician I fired who now wants to file a lien. We had a 3K job that was to take 2 weeks to complete. I paid him 1500 down and asked for our agreement in writing which was never provided. The job was 2 months behind his estimated completion date when things went really south. I even lost a tenant over his delays which costed us 2400$. He busted a 6inch irrigation pipe to my neighbors property and didn't report it as damaged. We had to find it and ask what happened. That ended up costing me another $500 which we paid and have rept. He had walked off the job a couple of times already, and I have his texts stating he wouldn't be working on my place for XYZ days because of whatever. During the course of his having access to the property we had 3 expensive infra red heaters and cordless tools go missing from the job. We later found our missing tools in his personal vehicle. We never recovered the other missing items. He showed up to work on the project drunk.and we recorded him railing on video. We asked him not to come back and he immediately started yelling about a law suit. He has even sent us threats in text. We have since hired another electrician who completed the work in 4 days. This cost us approx $1100. We've waisted a lot of time with this guy. After speaking with the new electrician, he reports the guy has a bad reputation with suspected drug and drinking issues, and has had his work actually "pulled out" from other jobs by inspectors. We had an inspector look at our job, and the work that he did on our place is good. He just did about half of what he had committed to and never completed anything beyond the first inspection. Can I stop this guy from filing a lien? Or do I have to wait until he files the lien, and then drag him into court? Thanks in advance.

1 reply

Dec 14, 2018
I'm very sorry to hear about that, and I can't imagine how frustrating that must be. My folks are manage property too, and I know they'd be throwing fits! First, it's worth noting that fraudulent mechanics liens can often be avoided by going on the offensive notifying the potential claimant that their lien claim would be fraudulent, give rise to excessive damages, and could even give rise to criminal penalties. Specifically, under CRS § 38-22-128, a claimant who files a fraudulent lien will be liable for damages and attorney fees - and that could serve as a strong baseline for potential damages. Including threats based on other damages - such as damage done to neighboring property, theft, and breach of contract could help as well. We discuss the potential penalties for fraudulent liens here: Don’t File Fraudulent Mechanics Liens. All of that being said, while threats against a potential lien claimant can help prevent a lien, it's hard to prevent a lien filing in an official manner.
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