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Can a Mechanic Lien be placed on my property without a signed contract?

ColoradoMechanics Lien

Can a mechanic lien be placed on my property without a signed contract? I live in Colorado and the project was over $500. To start from the beginning my roofer started the process to replace my roof in August 2019. They were suppose to replace the shingle roof, gutters and metal parts of my roof. They only completed the shingle and gutters and tried to put metal on but did not know how to do it. They stopped trying to put metal on it and let me house sit without a roof since Jan. (I still don't have a completed roof.) I have had to hire another company to complete my roof. Now the old company has filed an intent to put a lien on my house for the full amount that they never finished. I offered to pay them the amount they did finish but they want the full amount. Can they even put a lien on my house without a signed contract?

2 replies

Apr 30, 2020
Colorado's mechanics lien statute does state that written contracts exceeding $500 should be in writing and recorded. But, the statute doesn't seem to block mechanics lien rights simply because there isn't a written contract. With that being said, claimants will only be entitled to mechanics lien rights to the extent that work has actually been performed but not paid for. So, a claimant can't file their lien claim for the full price of their contract if they didn't fully perform the work. Further, keep in mind that mechanics lien deadlines are strict. And, a Colorado claimant must file their mechanics lien within 4 months of last furnishing labor or materials to the project. Once that timeframe comes and goes, any lien claims would be invalid due to the deadline expiring. With that being said, it's still possible for a claimant to get their lien filed even if there are issues with the claim. But, sending the would-be claimant a demand letter requiring that they refrain from filing a lien claim could work to keep them from filing their lien - especially if that letter includes specific threats of legal action. Claimants who file exaggerated lien claims in Colorado can face steep penalties. Finally, this article might be helpful: I Just Received a Notice of Intent to Lien – What Should I Do Now?
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Apr 30, 2020
Thank you so much for your reply! We ended up settling for the correct amount with the roofing company.
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