The Jones’ Fought Their Contractor’s Lien and Won
Robinson and Henry, P.C., successfully represented Brian and Ann Jones in defending against a wrongful contractor’s lien (called a “mechanic’s lien” in Colorado) recorded by Backyard Outdoor Construction. Backyard recorded its mechanic’s lien against the Jones’ home in March of 2015, 8 months after the last day of construction. The company demanded more than $46,000 for unpaid construction services. Real estate attorneys Donald Eby and Andrew Kurpanek, found the lien to be invalid, as it was not recorded within the statutorily allowed time for recording a mechanic’s lien and the work was not completed in a workmanlike manner. After being confronted with this fact, Backyard backed down from its demand and the Jones paid nothing to Backyard Outdoor Construction. Ultimately, the lien against the Jones residence was released.
Brian and Ann entered into a contract with Backyard Outdoor Construction (“Backyard”) wherein Backyard would furnish the materials and perform the labor necessary for transforming the Jones’ backyard from a dirt pit to a manicured living space, a contract valued at over $66,000.
Ultimately, the Jones stopped Backyard’s construction due to unreasonable project delays and poor quality workmanship. The Jones attempted to settle with Backyard agreeing to pay for the amount of work performed and materials provided, however were unable to reach an agreeable amount. Then, about eight months after Backyard’s the last day of construction, Backyard recorded a mechanic’s lien against the Jones’ home demanding more than $46,000.
Mr. Jones spoke with Don Eby about the mechanic’s lien recorded against his property and chose to retain Robinson & Henry. After researching the facts and the mechanic’s lien statute Donald Eby and Andrew Kurpanek presented evidence to Backyard demonstrating that the recorded lien was not timely recorded and was thus invalid. Evidence developed also validated the Jones’ concerns about the quality of workmanship.
When asked about the successful resolution of the Jones case, Andrew Kurpanek said, “we approached the Jones case the same way we do every mechanics lien case; we verified the lien was invalid and approached the lien claimant pointing out the infirmities in the invalid lien, and ultimately convinced the opposing party that is was in their best interest to release the invalid lien rather than pursue litigation which will ultimately prove unsuccessful and expensive.”
By clearly presenting the facts, statutes, and case law, the Robinson and Henry contractor’s lien attorneys were able to convince to Backyard that the lien it had recorded was invalid, and refusing to release the lien or even pursuing foreclosure of the lien, would prove to be an expensive loosing battle. In the end, the Jones made no payment to Backyard, the lien was released from the Jones property providing clear title, and they were not forced to pay $46,000 to a contractor who did not complete the project which it was hired do perform.
“I felt most confident with Robinson and Henry P.C…I felt like my experience was customer focused, completed in a timely manner, and they kept me informed every step of the way.” Brian Jones
Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Facts are those of an actual Robinson and Henry mechanic’s lien case; the names of both the client and the opposing party have been changed to protect the privacy of the parties.