Can an unlicensed plumber file for a mechanics lien in Colorado?

2 weeks ago

A plumber gouged us and we discovered shortly after he isn’t licensed. Is the contract enforceable and can he file a mechanics lien?

Senior Legal Associate Levelset

First, it’s worth noting that Colorado’s mechanics lien statute doesn’t specifically require a claimant be licensed in order for them to file a mechanics lien. Further, from my limited research, it does not appear that an unlicensed contractor’s contract will automatically be voided due to the failure to obtian and hold a license.

However, under CRS 12-58-116, an unlicensed plumber will face a misdemeanor if it’s their first offense of contracting without a license, and they will face a felony if it’s not their first offense. So, considering the serious criminal penalties that may be in play, a property owner may be able to avoid having a mechanics lien placed on their property. To file a complaint against an unlicensed Colorado plumber: Colorado Department of Regulatory Affairs.

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