Can a Contractor File a Mechanics' Lien for Work Not in the Contract in Colorado?
One of the most common—and frustrating—scenarios for Colorado homeowners is when a contractor performs work that was never authorized and then files a mechanic’s lien demanding payment for it. Sometimes the contractor insists the extra work was “necessary.” Sometimes they claim the homeowner approved the change verbally. Other times the contractor simply takes it upon themselves to add tasks, increase scope, or use more expensive materials, then treats the expanded work as a billable fait accompli.
Colorado law treats unauthorized work very differently from contracted work. A mechanic’s lien is meant to secure payment for improvements a homeowner actually agreed to receive—not unilateral modifications that expand the price without expanding genuine consent. Whether the contractor may lien for such work depends on the contract’s terms, the change-order requirements, and whether the homeowner genuinely approved or benefited from the added work.
For foundational background, homeowners may first want to read Understanding Mechanics Liens in Colorado: A Homeowner’s Guide before diving deeper into the nuances of unauthorized work and lien rights.
Why Contract Terms and Change Orders Matter
Residential construction contracts nearly always include a clause requiring written change orders for additional work. These provisions are not mere formalities; they are essential safeguards. Without them, contractors would have unilateral power to rewrite the bargain mid-project.
When a contract requires written change orders, Colorado courts typically enforce that requirement. A contractor who bypasses the change-order process and performs extra work without approval may have no contractual basis to bill for it. If there is no contractual basis, there is generally no lien basis.
Disputes often arise when contractors attempt to characterize unapproved work as “necessary extras,” such as:
installing materials the homeowner did not choose,
performing repairs never discussed,
upgrading finishes without consent, or
altering structural elements without engineering or municipal approval.
These issues frequently overlap with incomplete work, abandonment, or defective construction—topics analyzed in What to Do When a Contractor Files a Lien for Incomplete Work and What Happens When a Contractor Files a Lien for Defective Work. Unauthorized work often appears in the same cases as deeper performance failures.
Can Unauthorized Work Ever Support a Mechanic’s Lien?
Colorado lien law provides a narrow pathway for contractors to seek compensation for work not strictly covered by the written contract, but only in situations where:
the homeowner clearly requested or knowingly approved the work,
the work was necessary to protect or preserve existing improvements, and
the homeowner accepted the benefit with full understanding that additional payment was required.
These situations are rare. Most disputes arise because the contractor either misinterpreted vague statements as approval, failed to communicate the cost implications, or intentionally proceeded without waiting for authorization.
Colorado’s lien statute, C.R.S. § 38-22-101 et seq., protects only the value of labor and materials that lawfully and consensually improve the property. Unilateral additions that the homeowner did not authorize and may not even want typically fall outside this definition. The statute is publicly available through the Colorado General Assembly at: https://leg.colorado.gov/.
When Unauthorized Work Leads to Inflated or Fraudulent Liens
Contractors who add unapproved work frequently pair it with inflated lien claims. They may file liens for:
work outside the original scope,
materials never authorized,
inflated hourly charges,
unapproved upgrades,
tasks performed solely to fix their own mistakes, or
speculative or future work that was never completed.
These inflated liens often collapse under scrutiny. We address this issue more broadly in Mechanic’s Liens for Overbilling or Inflated Invoices and Fraudulent or Retaliatory Mechanic’s Liens in Colorado.
Unauthorized work is often a sign of larger problems: lack of communication, disregard for contractual boundaries, pressure tactics, or an attempt to create leverage when the contractor fears they will not complete the job profitably.
How Unauthorized Work Interacts With Defects and Code Compliance
Unauthorized work often creates more than billing issues. If the added work required permits or licensing—structural changes, plumbing, electrical, HVAC—and the contractor did not follow the legal process, the work may be unlawful, unsafe, or in violation of local building codes.
Work performed without permits or the required trade license substantially weakens a lien claim. These topics are explored in Can an Unlicensed or Non-Permitted Contractor File a Mechanic’s Lien?.
In many cases, the unauthorized work is also defective. A contractor who proceeds without consent is often the same contractor who rushes through work, uses improper materials, or fails inspections. When unauthorized work causes defects, the homeowner may actually have claims against the contractor—rather than owing anything for the unauthorized work.
What Homeowners Should Do When Facing a Lien for Unauthorized Work
When a lien includes charges for work not in the contract, the first step is to gather the documents that define the parties’ agreement: the written contract, the scope of work, the payment schedule, and any change-order provisions. Email and text communication during the project often provides critical clarity on whether the homeowner approved additional tasks.
A careful review usually reveals that the contractor deviated from the contract when:
change orders were required but never executed,
cost estimates were never provided,
the homeowner never approved the additional work, or
the contractor performed the work unilaterally to increase their profit margin.
If the contractor inflated or falsified the lien amount, Colorado courts may award attorney fees when the lien is invalidated. Many improper liens contain obvious defects, including misstatements about the timing of work or additions to the claim that fall outside the lien statute.
Homeowners needing immediate relief—especially during a sale—may consider bonding around the lien, explained in How Colorado Property Owners Can Bond Around a Mechanic’s Lien.
Why Legal Representation Is Essential in Unauthorized-Work Lien Cases
When a contractor files a lien for work that was never agreed upon, the homeowner is facing more than a billing dispute—they are facing an attempt to rewrite the contract through the lien process itself. Contractors who push unauthorized work into lien claims often exhibit the same disregard for legal boundaries that led to the dispute in the first place.
An experienced Colorado construction attorney can evaluate both the contractual and statutory weaknesses in the lien, challenge unauthorized charges, and pursue remedies for any defective or unlawful work. In many cases, the contractor’s attempt to expand scope without consent becomes the very reason their lien fails.
Colorado law protects homeowners from being forced to pay for work they did not authorize. The lien statute is not a tool for rewriting the deal—it is a remedy tied to the actual, lawful value added to the home. When that value is inflated or imaginary, the lien gives way.
The information provided on this website is for general informational purposes only and should not be construed as legal advice or legal opinion. You should not act or refrain from acting on the basis of any information provided on this website without seeking legal advice from an attorney.