SFR Homeowner. Gen Contractor for home addition hired subcontractor painter without written contract. Sub did horrendous job and gen cont paid less than agreed . Sub intent to file lien for $800 in Colorado. If gen contractor is paid in full (for addition to house, including paint) before lien filed, is the lien invalid? Thanks.
Not legally invalid in the sense that it would be without legal and factual basis or merit, but paying the GC in full for the scope of work for which there is now a lien is a defense. He did work on the property, and therefore has lien rights, rendering his ability to assert lien rights valid.
This is really small dollar, and you should be able to get your GC to resolve it. It's possible that you might also have a provision in your contract with the GC regarding liens or indemnity that you'd want to look at, if they are in there.
Feel free to call my office to discuss further. 7205007855.