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Can a contractor put a lien on my house without finishing the work and providing ZERO itemized lists

ColoradoLien on Funds

A contractor told us 3-4 months for our addition and front porch . He then says he doesn’t want to do the front porch AFTER we signed a change of plans . Took our deposit and said two days later he isn’t doing it . Now threatening to put a lien on my house when work isn’t complete . And won’t give an itemized list of what needs to be paid

1 reply

Apr 3, 2020

Mechanics liens are only available to the extent that work is performed but not paid for. So, if a contractor hasn't performed the work, they can't lien for that work. This makes sense, too - the point of mechanics lien rights is to make sure that owners don't benefit from property improvements without paying those who make the improvement. If some work has been performed, and if that work hasn't been paid for, then lien rights would exist for the work that's been done but not paid for - even if the project hasn't been completed. Further, this is even true if there's a dispute over what's owed for that work. However, when there isn't an improvement, the contractor won't be entitled to file a lien. With all of that being said, a contractor can't accept deposit then refuse to perform the work the deposit relates to. And, pursuing legal action - or even just threatening to do so - could help force a contractor to return the deposit. As for an itemized list - I'm not aware of a statutory requirement that a contractor must provide itemized billing upon request. Though, that's hardly a monumental ask. If the contract states the owner is entitled to request and received the itemized costs, then the contractor must provide them. But, otherwise, an owner may have a hard time legally forcing their contractor to provide that. Lastly, these resources should be useful for navigating a payment dispute and threat of a lien: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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