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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31021
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Verbally contracted with some people to work on my house.

Customer Question

Verbally contracted with some people to work on my house. After numerous no shows, poor work that I am having fixed, and only working 4 or 5 hour days I fired said workers. I payed them 6,000.00 up front, payed for all materials including their supplies, gas, a tetanus shot and some small amount of cash in between. I finally fired them. They sent a notice of intent to lien. What are my options.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Have you talked to a lawyer yet?
Customer: I just received the notice today.
JA: Anything else you think the lawyer should know?
Customer: They missed many days of work, didn't show up for three days and then were angry that I had hired some one else. They came late, took very long lunches and left early.
Submitted: 3 months ago.
Category: Legal
Expert:  Roger replied 3 months ago.

HI - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 3 months ago.

You cannot stop the contract from filing a notice of lien or even suing to enforce the lien.......but you certainly should have a defense to any claim....and you can respond that the contractor breached the lien and counter-sue for the breach and seek the have the lien removed as being a slander against your property's title, etc. Here's a good link you can read: https://www.nationallienlaw.com/wp-content/uploads/2013/02/CO-Law-Sum-2013.pdf

Customer: replied 3 months ago.
Since the lien has not been filed yet can sue him in advance?
Expert:  Roger replied 3 months ago.

Your best option is to respond to the contractor (through a lawyer, if possible) and inform it that the notice is invalid because it has actually breached the agreement, and that you will seek damages against the contractor for the breach.....

Expert:  Roger replied 3 months ago.

Yes, you can sue the contractor for the breach before the suit is filed.......there's nothing wrong with that.

Customer: replied 3 months ago.
The amount of money they want is egregiously more than if I had hired a professional contractor, it looks as if Colorado automatically throws those out.
Expert:  Roger replied 3 months ago.

Just because they seek any amount doesn't mean they'll get it. Also, if it is their fault that the situation was caused by the contractor, and because it has breached the agreement, then you should be in a good position.

Customer: replied 3 months ago.
One more question. Do I have the right to fire some one who doesn't follow our contract?
Expert:  Roger replied 3 months ago.

Generally, yes. Usually, contracts call for a right to cure any defect or issue...and if that doesn't happen, the customer can terminate the contract and seek a new contractor.

Expert:  Roger replied 3 months ago.

You'd have to look at your contract and determine what it says....if there's no provision that addresses a notice period, there should be less restrictions on canceling the deal, and if you had justifiable grounds, it should not be an issue.

Expert:  Roger replied 3 months ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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