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How and who do I rerspond to an intent to lien?

Colorado

I own the property in trust with my siblings. Some work was done but not all work was approved. Contractor stored tools and heavy equipment on the property for 18months promising to do work that never occurred There is no written contract He wants an amount over $500 Contractor has an Oregon company that sent the certified notice of intent

1 reply

Nov 2, 2022

The notice of intent is simply that -- notice that a lien may be coming. It may not. It's just the first step in the process. The next step is to actually record a lien, which may never happen, then the contractor has to actually file suit, which may never happen. 

It's tough to justify retaining an attorney for such a small dollar dispute, unless you have a counterclaim against him of a more significant amount. If the lien is obviously overstated, for instance absolutely no work you're being charged for was performed, there's the potential to recover your fees under the statute. If it's even questionably fair value for what's been done, you'd likely not recover your fees. Without a contract, it's a little tougher to discern overstatement.

There may also be issues with the timeliness of the lien that affect the answer to your question. If you'd like to discuss over the phone, feel free to call my office at 7205007855.

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