Skip to main content
Robert E. Abrams

Robert Abrams’s Answers

3 total

  • What are my options to dispute a mechanic's lien that was filed by a subcontractor who was not paid by a contractor I hired?

    I hired a landscaper to do work. He supposedly rented equipment for use on my property. He did not pay for the rental equipment and the rental company is seeking payment from me via a mechanic's lien. I have never had any contact with the renta...

    Robert’s Answer

    Pursuant to sec. 38-22-102 CRS, it is an affirmative defense to a mechanic's lien against any workmen, supplier or vendor where the home owner of a single family home, paid to a contractor money for the performance of others, who paid such money to another contractor to pay for labor and materials. Therefore, the mechanic's lien can attach, but it shall have no effect if the homeowner paid money to a contractor, to be paid to others for Owner's work, yet the contractor failed to pay for the labor or materials ordered by him.

    See question 
  • Subcontractor took money for a job from GC, never did the job, and left with the money what is the GC's first action?

    General Contractor hired a subcontractor to go buy granite for a kitchen and fabricate for the GC's client. The subcontractor never went and bought the granite and took the money. What is the first course of action the GC should do to try and ge...

    Robert’s Answer

    This is theft by any name. It happens to fall under the guise of contracting; however, there is zero performance. Here, the sub took the money and left--THEFT! Normally, under a GC-sub relation, the GC holds the money in trust under C.R.S 38-22-127. Upon breach of this trust the claimant can sue under CRS 18-4-401 as a civil theft, but that may be responded to witha disputed facts. I.e., the sub says, I brought the stone and they didn’t like it; they owe me, says the sub. Here, the sub ran off, so it is criminal theft. There is no evidence he intended to perform. If there is some performance your must demand in civil court under a breach of contract theory and/or civil theft and trust fund claims. But, not here, here he stole the money and ran. If there is an agree't btwn the sub and GC and no performance, the police will likely take the report.

    See question 
  • Hey i was charged with mistdameanor larceny my fine is like $62 on the summons i have court tommorow what can happen?

    I was giving away stuff at walmart. They arrested me and charged me with mistameanor larceny. Im just wondering if its going to be probabtion and/or fine, just hopeing no jail.

    Robert’s Answer

    First, you should learn how to spell. Second, you should stop stealing. Third, you don't start a sentence with "Hey" when speaking to educated professionals; finally, the fine is not "like" $62, it is $62.00. I hope this helps you.

    See question