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Can a roofing contractor place a mechanics lien on my home if there is no written contract.

ColoradoMechanics Lien

Contractor took 10 months to finish roofing job and I am unsatisified with with timeline and their antics. Still owe them $10k and contractor is threatening to place mechanics lien on home but we have no written contract. Can they do this?

1 reply

May 3, 2018
That's a really good question. Only a minority of states require a written contract in order for lien rights to exist. Colorado appears to be in the majority here - a contract must exist in order for lien rights to be present, but the lien statute does not state that the contract must be in writing. In fact, the section of the Colorado lien statute discussing lien priority (§ 38-22-106) even contemplates a lien filed for a contract that is not in writing.
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