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Homeowners in Middle of Dispute

This notice of intent to file a lien statement was delivered to Zach Westberg and about 200 other customers of Wright Total Indoor Comfort on Tuesday.
Zach says he paid the heating and air conditioning company four-thousand dollars for his central air conditioner a few months ago, but has now been pulled into the middle of a dispute between Wright and Wright's supplier... Lohmiller & Company out of Denver.
Zach says, "A lot of families were been brought into this who paid in full, thought everything was taken care of, and now they're brought in the middle of an argument between two companies wanting their money... when we had absolutely nothing to do with it... and now you're effecting many families."
We called Wright and were faxed two documents. One says the companies are very close to reaching an agreement and are hoping to have issues resolved within 48 hours.
The other is an apology letter from Wright's general manager... telling customers an accounting issue had put them in this position.
The letter states the supplier never intended to lien their properties and promises no one will have a lien placed on their home.
All affected customers will receive the letters and reportedly were called by Wright employees. I'm told the company, which has been serving southern Colorado for 70 years is the biggest residential heating and air conditioning company in the area...backing all work with a 100 percent guarantee.
Attorney Kyle Geditz says receiving this kind of document can be alarming for homeowners since they have ten days to respond to it.
But he says they're protected under the Colorado Trust Fund Statute... And the Colorado Mechanic's Lien Statute.
Geditz says, "If you've paid in full for your legal obligations or your contractual obligations... you have an affirmative defense against someone who tries to enforce a lien against your property."
Geditz says a consumer's best defense... proof you've paid the bill... since Colorado law protects homeowners in these kind of cases.
But he says it never hurts to ask for a lien waiver or lien release when working with contractors.
Such a document is another safeguard.


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