When a roof job goes wrong

Most roof jobs go fine. When one doesn't, the problem usually falls into one of four buckets: a lien from someone your roofer didn't pay, work that's done badly, a job that stops halfway, or money paid for work that never starts. Colorado law has specific tools for each.

In September 2026, Denver7 Investigates reported on two north-metro homeowners who signed over insurance checks of about $5,700 and more than $9,100 to a roofing company. Their roofs were not replaced, one was asked for $5,000 more before work would begin, and a company manager said any refund would likely be subject to a 35% cancellation fee in its contracts. Stories like that are why this page exists. This is general information as of October 2026, not legal advice.

First, get everything in writing

Whatever went wrong, the same habits help:

• Keep the signed contract, every change order, invoices and proof of each payment (check images, card statements, bank records).
• Move conversations to email or text so there's a record. After a phone call, send a short email summarizing what was said.
• Photograph the work, any damage and the state of the job, with dates.
• Note the permit number. You can usually look it up with your city or county building department.
• Store it all in your Roof File so it's in one place.

Mechanics' liens in plain English

A mechanics' lien is a claim against your property by someone who improved it and wasn't paid. It's recorded with the county clerk and recorder. It can block a sale or refinance and, in the worst case, lead to a lawsuit to force a sale.

Who can file. Under C.R.S. 38-22-101, it isn't only your roofer. Subcontractors, laborers, material suppliers, equipment rental companies and design professionals can all claim a lien for work or materials that went into your house. That's the trap: you pay your roofer, your roofer doesn't pay the shingle distributor, and the distributor looks to your house.

Notice of intent. Before recording a lien, the claimant must serve a notice of intent on you, the owner, and on the prime contractor at least 10 days before filing. Service is in person or by registered or certified mail, and the claimant files proof of service with the lien (C.R.S. 38-22-109). If you get one of these letters, act on it right away.

Deadlines. Most claimants must record the lien within four months after they last furnished labor or materials. Workers paid by the day without materials have two months after completion. If all work stops for three months, the job counts as complete for these deadlines (C.R.S. 38-22-109). The claimant then has six months to file a lawsuit to enforce the lien and record notice of it, or the lien can no longer hold your property (C.R.S. 38-22-110).

Overstated liens. A claimant who knowingly liens for more than is due, with no reasonable basis for the amount, loses the lien and owes your costs and attorney fees (C.R.S. 38-22-128). SB26-074, effective August 12, 2026, added that a lien isn't excessive just because a court later awards less, if the claimant had a good-faith basis for the amount. It also lets claimants lien for disputed amounts.

Why paying your roofer doesn't always end it

Colorado gives homeowners a real protection here. If you own an existing single-family home, or an owner-occupied single-family residence, you have an affirmative defense against subcontractor and supplier liens when you've paid the full amount you owed under the contract, including change orders. The defense appears in C.R.S. 38-22-102(3.5) and again in C.R.S. 38-22-113(4). A Colorado appeals court applied it, under 38-22-102(3.5), in Koch Plumbing & Heating v. Brown (1992) so homeowners didn't pay twice.

That protection has limits:

• It's a defense, not a shield from being filed against. A supplier can still record a lien, and you may need to answer it, possibly with a lawyer, to clear your title.
• You must prove payment. Cash with no receipt is hard to prove.
• It covers full payment. If you still owe part of the contract, that unpaid amount is exposed.
• It's written for single-family homes. Townhomes, condos, rentals and multi-unit buildings may not qualify. Ask a lawyer.

Colorado also treats money you pay a contractor as held in trust for the subcontractors and suppliers on your job. A contractor who spends it elsewhere can be charged with theft (C.R.S. 38-22-127). That helps the supplier, and it's leverage, but it doesn't clear a lien off your title. The cleanest protection is lien waivers.

Lien waivers: what to ask for

A lien waiver is a short signed document in which a contractor, sub or supplier gives up lien rights for a stated payment. Colorado has no required statutory form. Two things Colorado law does say: a waiver binds only the person who signs it, so your roofer can't waive the supplier's rights, and a waiver must include a statement that the signer has paid, or will pay on time, its own debts for the goods and services (C.R.S. 38-22-119).

How to ask. Put it in the contract before you sign: "Owner will receive a conditional lien waiver from Contractor with each payment and unconditional waivers from Contractor and its material supplier after final payment." A professional roofer will have done this before. On a re-roof, the material supplier is usually the biggest lien risk, so ask who is supplying the materials and ask for that supplier's waiver too. A lawyer interviewed by CBS Colorado after a Denver-area homeowner got a $3,600 supplier demand on a paid-for roof said customers can pay the supplier directly. A joint check to the roofer and supplier for the materials portion does the same job.

Hold final payment until you have the final waivers and the permit has passed its final inspection. The state's #NoRoofScams guidance also says to hold final payment until the roof is inspected and you're satisfied.

If a lien notice or lien shows up

1. Don't ignore it. Note the date you received it.
2. Check the facts. Who filed, for what job, for how much? Search your county clerk and recorder's records to see if a lien has actually been recorded.
3. Gather proof of payment and any waivers you have.
4. Contact your roofer in writing and demand that they pay the claimant and get the lien released.
5. Check the deadlines. A lien recorded late, or not enforced by lawsuit within six months, may be invalid, though it may still need formal removal from your title.
6. Talk to a real estate or construction lawyer before you pay anyone twice. Options can include bonding off the lien in court or asking a court to declare it invalid, and a knowingly overstated lien can shift your attorney fees to the filer.

Deposits and the trust rule

For residential roofing jobs over $1,000, Colorado requires the contract to state, in bold, that the roofer will hold your payments in trust until materials are delivered to your home or most of the work is done (C.R.S. 6-22-103). The same law gives you 72 hours after signing to cancel for a full deposit refund. If insurance is paying, you can also cancel within 72 hours of written notice that the insurer denied all or part of the claim, and the roofer must refund within 10 days (C.R.S. 6-22-104).

In practice:

• Don't sign over a whole insurance check before materials arrive. Pay in stages tied to progress, as the Attorney General's office recommends.
• If your mortgage company is on the check, it may hold funds and release them in stages. That's normal.
• Watch for cancellation fees in the contract that would eat a refund. Ask about them before you sign. See hiring a roofer for the full contract checklist.

Bad workmanship

Leaks, crooked lines, missing flashing or a failed inspection after the job is "done" are workmanship problems. Start with the contractor.

1. Read your workmanship warranty. It's separate from the manufacturer's material warranty and usually requires you to notify the roofer in writing.
2. Write a clear letter or email. List each problem, attach photos, and set a reasonable date for a response.
3. Get an independent opinion. Another roofer or an inspector can document the defects. A failed city inspection is strong evidence. See roof inspections.
4. Know the pre-suit notice rule. Colorado's construction defect law requires a homeowner to send a contractor written notice of the claim at least 75 days before suing, by certified mail or personal service. The contractor can inspect within 30 days and offer to repair or pay (C.R.S. 13-20-803.5). Whether it applies to your job is a question for a lawyer. If you think you may sue, follow this process.

Abandoned jobs

If the crew stopped showing up, or the roofer took a deposit and never started:

• Protect the house first. If the roof is open, get it tarped. See your roof is leaking right now.
• Send a written demand to the address in the contract: finish by a set date or refund what hasn't been earned. Cite C.R.S. 6-22-103 if materials never arrived.
• Call the building department. The open permit is in the roofer's name, and they'll tell you how a new contractor can take over.
• Tell your insurer and mortgage company if insurance money is involved.
• Collect lien waivers for anything you paid, and expect the lien clock to matter: three months with no work counts as completion under C.R.S. 38-22-109.
• If money was taken for work that was never done, report it to local police. Colorado Attorney General Phil Weiser told Denver7 in 2025 that contractor fraud is a crime, and that people whose police call it a civil matter can contact his office.

Where to complain

Colorado has no statewide roofing license, so licensing complaints go to the city or county that licensed the roofer. Use the roofer check to see where yours is licensed. The AG's office received 915 home services and repair complaints in 2024, Denver7 reported, so your complaint adds to a pattern that can lead to action.

Small claims and county court

Colorado small claims court handles cases up to $7,500, as of October 2026 (C.R.S. 13-6-403). You file in the county where the contractor lives or works, or where your house is. Lawyers generally can't appear for either side, so you'll present your own case (C.R.S. 13-6-407). The court's information sheet lists a $60 mediator fee for each side.

For more than $7,500, county court hears civil cases up to $25,000 (C.R.S. 13-6-104). Above that, it's district court. Bring your contract, payments, photos, the written demand you sent and any independent inspection report.

A judgment isn't money in hand. Collecting from a roofer who has closed up shop can be hard, which is why prevention matters more than any remedy here.

When to talk to a lawyer

• A lien has been recorded against your home, or you've received a notice of intent.
• You're selling or refinancing and a lien is in the way.
• The amount at stake is more than small claims allows.
• The contractor has hired a lawyer or filed suit against you.
• The workmanship dispute is large enough to need the construction defect notice process.
• Your insurer is involved and the claim is also in dispute. See the claim FAQ.

The Colorado Bar Association and Colorado Legal Services (for income-qualified residents) can help you find one.

Before your next job, use the quote check on the contract and keep a payment and waiver log in your Roof File. Questions? Ask us.

Common questions

Can a supplier put a lien on my house if I paid my roofer in full?

They can file one, but Colorado gives owners of existing single-family homes an affirmative defense if they paid the full contract price, including change orders (C.R.S. 38-22-102(3.5) and 38-22-113(4)). You'll need proof of payment, and you may still have to respond to the lien, so get lien waivers as you pay.

How long does a contractor have to file a mechanics' lien in Colorado?

Generally four months after the last work or materials, after serving a notice of intent at least 10 days before filing (C.R.S. 38-22-109). The claimant then has six months to start a lawsuit to enforce it (C.R.S. 38-22-110).

What is the small claims limit in Colorado?

$7,500, as of October 2026 (C.R.S. 13-6-403). Larger cases up to $25,000 can go to county court.

My roofer took my deposit and never started. What can I do?

Send a written demand for the work or a refund, citing the trust requirement in C.R.S. 6-22-103. If that fails, file a complaint with the Colorado Attorney General and your local licensing office, and consider small claims court or a lawyer. Taking money for work never done can also be a police matter.

Does the Attorney General's office get my money back?

Not directly. The AG's office uses complaints to spot patterns and bring cases, and may refer some to its mediation program, but it doesn't represent individuals. For your own money, you may need small claims court or a lawyer.

Should I sign my insurance check over to my roofer?

Be very cautious. Colorado law requires a roofer to hold your payments in trust until materials are on site or most of the work is done. Pay in stages tied to progress, and get a lien waiver with each payment.