I want to contest a spurious lien. My remodel contractor sent me a Notice of Intent to Lien for $24,652. We moved into our remodeled home 6 months ago when the contractor said the project was finished except for punch list items. The contractor's accounting has been impossible for either us or the bank to follow, but we do not owe anywhere near $24,652. We have a number of problems with the house such as a faulty HVAC; a porch not built to plan specs; and faulty wiring that his electricians can't figure out--our refrigerator circuit is constantly tripping. We want to pay what is due and we want our house working properly. But we are very angry about the lien threat. We are confident his accounting is off and we also think it's way too late for him to file a lien anyway. If he proceeds to file the lien, how do we contest it as spurious?
I am sorry for the issues. You would need to file suit in District Court to contest and remove the lien and for other claims. Colorado has very exact requirements related to construction claims that all must be followed to the letter in the lawsuit. Reach out to an attorney for help, at least under a limited representation. Our office and others offer that.
Robert Murillo
robert@pivotallegal.com
This is a little more loaded than it may seem, which makes it difficult to adequately respond here. There are means to remove a lien if it is ever filed, and consequences for overstating a lien. I'm not clear on the source of funding for the remodel, but that could also play a role. The construction defects require their own procedure to pursue. I don't know if he has insurance, but that might also be a means of recovery or leverage for settlement if available and pursued correctly. Feel free to call our office for a free consult where I can get some more information and get into greater detail on some of these issues. 7205007855.
Thank you!