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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I hired a contractor to do some remodel work in our home.

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I hired a contractor to do some remodel work in our home. Apparently he has not paid the drywall supplier who has now sent a notice to put a lien on my house until the debt is paid. I received it yesterday. according to the drywall folks they are at the end of their 120 day period without resolution. I have already ripped the contractor who is blaming them and they are blaming him. What can I do about this if anything.

CalAttorney2 :

Dear Customer, thank you for choosing Just Answer, I would like to assist you with your legal problem today.

CalAttorney2 :

While I cannot provide you with any legal rules to stop the subcontractor from asserting their claim against your home (they are permitted to place the lien against your home even if you have paid the general contractor), they are not allowed to foreclose on the property (the payment to the general contractor acts as a defense to the foreclosure: Colo. Rev. Stat. § 38-22-102(3.5))

Customer:

so basically I have no recourse against the sub contractor even though I have no relationship with them.

CalAttorney2 :

The subcontractor has a right to place a lien against the home. (This is the subcontractor's protection in the event they are not paid). They cannot enforce the lien, but they are allowed to place it so that in the event there is a sale of the home and the payment is not yet satisfied, they can be paid out of the proceeds. (This stems from a longstanding protection for materialmen and subcontractors). You do however have recourse against the Contractor for his failure to pay the subcontractor - he is at fault for not properly paying the subcontractor.

Customer:

Thank you much. H e's another story all together. I appreciate your help and guidance. Gives me some reassurance that they can't try and forclose. I may end up having to take action against him in the near future. Good work just he's terrible on the financial side.

CalAttorney2 :

Unfortunately, that is not uncommon. I do wish you the very best with this matter. (Is there anything else I can assist you with on this // or did I miss anything?)

Customer:

No sir you were great. This helps me to know what steps to take next. Have a great weekend and again thank you.

CalAttorney2 :

Thank you very much, and you do the same.

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