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Who is responsible?

I had a contractor remodel my kitchen. She did not finish the project and we had to hire someone else to do it. We fired her, and refused to pay her the final $4000.00 payment as hse walked off the job and didn't finish. She has put a lien on our property for the $4000 even though she did not perform the work. What repucusssions do I have?

1 reply

Aug 19, 2020

Generally, a lien is only appropriate for the value of the labor or materials actually furnished to the property, if the contract with the contractor is validly terminated or if the contractor abandons the project. In Colorado, the lien of a direct contractor shall extend to the entire contract price (when the contract is accomplished), but the lien is valid as to the "value of such laborers, machinery, tools, or equipment supplied, or services rendered or labor done" in furtherance of the project. If the amount of a lien is exaggerated or excessive (as defined by being an amount greater than that which is due with reasonable certainty), and that is shown in a proceeding in court, the lien is extinguished, and the owner of the property is entitled to recover from the claimant an amount equal to all costs and attorneys' fees. Additionally, a fraudulent lien may give rise to an action for slander of title, or a similar cause of action.

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