Menu
Home>Levelset Community>Legal Help>How to deal with a general contractor who left the job incomplete and asking for money?

How to deal with a general contractor who left the job incomplete and asking for money?

ColoradoConstruction ContractMechanics Lien

Hello, More than one year ago, I hired a general contractor to do some remodeling in my house in Colorado. The project had different phases. For the first phase of the project, we had a contract, and he completed the job in mid-November 2018 and got his money. For the second phase of the project, although I insisted on having a written contract, he refused. After a few weeks into the project, he and his team (2 people) were mostly absent with different excuses. It was evident that he was not that interested any longer in doing the job despite our consistent request that we needed to get the job done as fast as possible. He told me that he'd found a better job which was going to pay him more. After putting up with all his delay and long absence, he was supposed to come back to continue our project on January 8, 2019. However, surprisingly, the night before, just around midnight, he sent a strange email with an absolutely nonsense invoice asking for about $10k. I wrote back to him that this didn't make sense, and I could not work with him. At the time, I was so angry that he left my job incomplete and wanted to sue him, but didn't have any contract or evidence. After one month, in February 2019, he sent me another invoice (called it a revised invoice) asking for $3k instead of $10k. He is asking for money for the job that he didn't complete. I asked him to come and finish the job, and I'll pay him based on what we had agreed before the start of the second phase. He didn't come and later on sent me a few emails asking the same thing. One week ago (after more than one year), a debt collector contacted me, and now he is threatening me to put a lien on my property. Unfortunately, we don't have any contract, and almost everything was verbally agreed upon. I appreciate your advice on how to deal with him legally.

1 reply

Feb 10, 2020
Mechanics liens are a powerful payment recovery tool, but they shouldn't be used as a weapon for forcing payment that isn't owed. And, if a contractor does end up filing a fraudulent mechanics lien, then they'll often face serious legal penalties like a misdemeanor, fines, or even criminal penalties. More on that here: Don’t File Fraudulent Mechanics Liens. Still, a contractor may threaten or even file a mechanics lien even if their basis for doing so is questionable (or worse). Let's look at some relevant Colorado mechanics lien requirements. Then, we can look at defending against a Colorado mechanics lien claim.

Colorado's mechanics lien requirements

First things first: Mechanics liens are generally only available to those who perform work or provide materials which permanently improves the project property. And, a contractor cannot file a mechanics lien claim for amounts they aren't actually owed and/or for amounts that don't actually tie to the work they perform. Further, note that the deadline to file a Colorado mechanics lien is 4 months after the last date when labor or materials were furnished to the project. So, if more than 4 months passed after the last work on the job, then any lien claim filed against that project would likely be invalid and unenforceable since it'd be untimely. Also note that if the claimant is a laborer only and isn't furnishing any materials or other workers to the project, then the deadline changes to 2 months after completion of the work. Finally, Colorado also requires a Notice of Intent to Lien be sent at least 10 days before a lien can be filed in the state. This notice must be sent prior to the lien deadline, and sending the notice won't work to extend that lien-filing timeframe either. So, on top of deadline considerations, failure to timely send a Notice of Intent to Lien is yet another strike against a prospective claimant.

Defending against a Colorado mechanics lien

It can be hard to defend against a mechanics lien before it's even filed. And, once the lien filing takes place, there will typically be more options for defending against the claim. But, one option to help prevent a lien claim would be to identify the flaws in the potential claim and then demanding that the lien claimant stand down. By showing the issues that the lien would have, that should help to show the claimant that you understand the situation and aren't intimidated by the threat of lien. Plus, CRS § 38-22-128 states that a lien claimant who files a lien that's unreasonably higher than what they're owed will forfeit all of their lien rights and be liable for costs and attorney fees associated with fighting the claim. And, making a claimant aware of that should help to fend off a questionable claim. Of course, if a lien is actually filed, then an owner may bond off the filed lien or challenge the lien's validity via legal action. But, convincing a claimant to abandon filing a lien is usually a more appealing prospect. And, consulting a Colorado construction attorney will help to come up with a strategy for defending against potential lien claims, as well as writing an effective demand letter to keep the claimant from moving forward with their lien.
1 person found this helpful
Helpful