How do I remove a spurious lien placed on my home?

2 weeks ago

A plumbing contractor came to my home and did Such a poor job it caused water to float along the side of my house, I gave him multiple opportunities to fix it and they waited more than once several weeks to hear back from them. I had to make arrangements to have the job fixed as it appeared they may have abandoned the job. Now they have put a mechanics lien on my home and are demanding payment. I believe this is a spurious lien. I can provide more detail if needed.

Senior Legal Associate Levelset
139 reviews

First, note that Colorado mechanics liens generally can’t be challenged under the state’s spurious lien statutes. While other liens may be challenged as spurious, that option isn’t available for mechanics lien claims.

Challenging a Colorado mechanics lien

Granted, that doesn’t mean an owner can’t challenge a mechanics lien against their property – it just means that the specific spurious lien statute cannot be used. Any time there’s an issue with the lien claim – whether that be a flaw in the document, itself, or whether that be issues with the work, an owner can challenge a mechanics lien. And, while mere disputes over workmanship or disputes over amounts owed won’t automatically invalidate a lien claim – they can serve as the basis for a lien challenge.

In fact, CRS § 38-22-128 specifically states that a mechanics lien claim who knowingly files an exaggerated mechanics lien will forfeit their lien rights and will be liable to the owner for costs and attorney fees associated with fighting the claim.

For help in fighting off a lien claim, it’d be wise to consult a local Colorado construction attorney. They’ll be able to look at the relevant project documentation, review the work performed (and alleged flaws with that work), and consider other relevant circumstances, then advise on how best to combat the lien.

Finally, this resource might be helpful: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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