Hello, We processed a couple of Liens on a company and a property owner. Our rental contracts have a bill to address and a ship to address. This customer picked up the machines using their own transportation. The address they had given us for the ship to is different than the locations of the two liens we placed. Will this cause a problem if we have to enforce the liens, One of the property owners hired a lawyer and mentioned that this lien was a "spurious Lien". Any information would be appreciated.
An attorney would have to review every word of your notice of intent to lien and lien to determine if it does not comply with statute. You also do not make clear if this was equipment to be used in the construction, alteration, or repair of any building. It must to qualify for a mechanics' lien. The fact they picked up the equipment does not matter. It matters what the equipment is and if it qualifies under the statutes.
If there is an attorney claiming a spurious lien, you will need to hire an attorney to review what you did and determine if it is spurious or not. If not, they will then push back. If this is a spurious lien they can sue and proceed to request damages and attorney fees, depending on the facts.
Reach out to a Colorado construction attorney today for help. Our office, like others, offer free phone consultations.
Robert Murillo
robert@pivotallegal.com.