Is the homeowner responsible or the renter who hired us for work performed?

Full question:

A renter contracted us for construction and did not pay. We filed a lien on the property. The homeowner called and said they never contracted us for the work. Are they still responsible for services rendered?

  • Category: Contractors
  • Subcategory: Construction Liens
  • Date:
  • State: Colorado

Answer:

Generally, no mechanic’s (construction) lien may be enforced unless the landowner in some way brings about the improvements or does some act in ratification of, or consents to, the work done or the furnishing of materials or labor.

The relationship of lessor and lessee does not makes the lessee an authorized agent of the owner creating any privity of contract between the owner and the lien claimant.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To fight a construction lien, you can file a lawsuit to challenge its validity. Review the lien for compliance with state laws, as improper filing can be grounds for dismissal. You may also negotiate with the lien claimant to resolve the dispute. It’s advisable to consult with an attorney experienced in construction law to guide you through the process and help protect your rights.