Your Legal Questions Answered
During the roof replacement, he hired a subcontractor to detach and reset the solar. The subcontractor our roofer hired, hired another subcontractor to perform the actual detach and reset. However, the subcontractor hired by our roofer didn't pay the third subcontractor (the one he hired). Last week, we received a intent to lien from the subcontractor that completed the actual work. Our roofer states he paid the contractor he hired, but will not provide proof. The contractor our roofer hired is not returning phone calls, text messages or emails to us. We have asked the roofer to help with the lien payment so the lien is removed. He has refused. What is our legal right in the situation? The roofer is demanding his supplemental money but we are afraid we pay him, he disappears and we are stuck with a lien on our house from a contractor we never hired.
In your situation, the subcontractor who completed the solar panel detach and reset has filed a Notice of Intent to Lien because they were not paid by the subcontractor hired by your roofer. This places you at risk of a Mechanics’ Lien being recorded against your property, which could lead to foreclosure proceedings if the debt remains unpaid.
A Mechanics’ Lien is a legal claim that allows contractors, subcontractors, and suppliers to secure payment for labor or materials provided to improve property. This claim can lead to foreclosure on your property to recover the owed amount, even if you paid your roofer in full.
Homeowners fortunately have defenses in your situation. One key defense is the “payment defense,” which asserts that the homeowner has already made all payments due under the contract to the general contractor. You must show that you paid the general contractor the full contract amount before any liens were filed by the subcontractors. This defense is effective if the homeowner can provide detailed documentation, such as receipts, bank statements, and written agreements, proving that they fulfilled their payment obligations. See, C.R.S. § 38-22-102 for more information. As this must be raised as an affirmative defense and other exceptions apply, I would speak to an attorney that has a solid understanding of the mechanic's lien process.
Also, the timelines are strict and many contractors fail to follow the proper procedures. For example, before recording the lien, they must provide you with a Notice of Intent to Lien at least 10 days in advance.
Finally, since your roofer claims to have paid the contractor they hired but refuses to provide proof. You should formally request this proof in writing.
If you do end up paying the subcontractor (in effect double paying) you would have a claim against your roofer. It appears you have a solid case. We can be reached at (303) 688-0944 if you would like to speak to an attorney.
For more information you can also review our article "Fight a Lien on Your Home."
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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