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If I am disputing an Intent to lien for services not complete. Can the vendor bypass zlien and file the lien anyways?

ColoradoLien DeadlinesRight to Lien

I hired a company to complete a bio-hazard clean on my house. I paid half up front. At the end they said they were done with the work so I paid them. After walking through the house and reviewing my contract I say a LOT of stuff that was not complete. I tried to resolve the issue with the vendor to have them finish the work. But they refused. I even offered to pay them more money to get them to finish the job as I was desperate to get the work done. They again refused and then stopped answering my phone calls and emails. So I disputed the final bill with my credit card company. I have dozens of photos, witnesses, and even another vendors letter stating the job was not complete. But now they have files an intent to lien with zlien and I am still disputing everything with the credit card company. They have my photos and feel I have more then enough evidence to prove they did not finish the job.

1 reply

Aug 3, 2018
In mechanics lien law, just like in life, what can happen is often different than what should happen. There are a couple of things to consider regarding the type of situation you describe.

1. zlien is a software platform through which customers can manage projects and exchange or file documents. zlien is not a law firm and is prohibited from examining a customer's information or documents in order to exercise legal judgments as to its validity. Accordingly, the customer has the control over what documents they create in their account, the information on the documents, and what happens with them.

2. Additionally, a work dispute may be a valid reason to dispute the amount actually due (and accordingly the appropriate amount of the lien) during an enforcement action, but it generally doesn't work as a bar to filing a lien itself. The recording office doesn't act as a gatekeeper for the documents filed to the extent that there would be any examination of the work done that supposedly gave rise to the lien right.

Claimant's are practically able to file liens in many circumstances where a lien is probably not (entirely) appropriate. The property owner can then move the court to have the lien removed, and in certain circumstances can recover costs, attorneys' fees, or even damages.
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