Full question:
My landscaper has threatened to place a lien on my house, but we have no written contract. Does the lien requirement for a written contract apply in Colorado? The quality of work was extremely poor and I asked that work be stopped. I've asked for receipts for materials, but he has only provided a hand written list of items that are 3-4 times higher than they should be based on other bids I had gotten. Do I have a right to see the actual receipts for the items purchased?
- Category: Liens
- Date:
- State: Colorado
Answer:
In Colorado, a written contract is required for landscaping work exceeding five hundred dollars. If no contract exists, the landscaper may still claim a lien for work done, as the law assumes the work was done at the owner's request (Colo. Rev. Stat. § 38-22-101).
To establish a valid mechanic's lien, the landscaper must demonstrate that an indebtedness exists for the labor or materials provided. If the work was unsatisfactory and requires correction, it may not constitute an indebtedness, as the owner received nothing of value (Bishop v. Moore, 137 Colo. 263, 323 P.2d 897 (1958)).
Regarding your request for receipts, the right to see them typically arises from a contract. However, given the circumstances, you may argue for transparency in the costs, especially if the amounts listed seem inflated. It's advisable to consult a legal professional for specific guidance.
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.