Is the homeowner responsible for unpaid construction services contracted by the renter?

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, a mechanic's lien cannot be enforced against a property owner unless they have somehow approved or consented to the work done. Simply having a landlord-tenant relationship does not make the tenant an authorized agent of the owner, which means there is no direct contract between the owner and the contractor. Therefore, the homeowner may not be responsible for the services rendered unless they had some involvement or agreement regarding the work.

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.