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Is the homeowner liable for payment if it all falls on contractor?

ColoradoMechanics Lien

So we paid are under a contract with a contractor, the job is not done to completion at all and he will not answer our texts, calls or emails. Our contract was written where we pay for half the job and the other half at completion which we are still waiting on. We received a mechanics lien on our door today because the contract has apparently not paid the subcontractors for work. It is not legal because it has not been notarized. We cannot get ahold of the contractor to get any of the punch list completed nor has anyone been out to our home in months. Are we liable for anything with the mechanics lien if the contractor hasn't paid them? We had nothing to do with paying them it was all in contract that he would hire them and supply all necessary materials.

3 replies

Sep 3, 2021

Hello. Unfortuantely, you do not qualify for the single-family dwelling unit exception as the principal contractor was not paid in full. 

The subcontractor does have a right to lien. However, if the lien was not done properly (notice of intent and all provisions of the statute met), then it does not matter. Say nothing and let time run. 

Contact a construction lawyer to help on your suit against the GC. 

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Sep 7, 2021
Thank you. We have tried on multiple occasions to get in contact with the GC and he has not provided a last invoice in order for us to settle up with him nor has he paid three of the subcontractors any money out of the $70k we already paid him. He will not communicate at this point. We just want him to provide us with an invoice, for him to pay the subcontractors as he stated he would do per our contract and end the contract with him so we can hire our own tradesmen to finish the job that has a list of 31 items that were not completed.
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Sep 7, 2021
I am sorry for the issues. One strategy that can be effective is demand under the trust fund statute from an attorney. That may get them to pay the subs but there is no guarantee. Your best bet is to spend a bit on an attorney but, of course, this is your choice.
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