This is my first excavation job. Sewer line in alley was originally located 6' deep, ended up being damaged all the way to city tap which is 13' deep. After replacing the damaged pipe, encasing in concrete, backfilling, replaced roadbase, and asphault. A week later the utility company ran... View More 
answered on Jun 17, 2023
A Colorado attorney could advise best, as you have state-specific construction and engineering codes in a project like this, but you posted two weeks ago. One option is for the job to be examined by someone with legal and technical experience with such project to explore options, determine the most... View More
My mother who had ALzheimer gave my sister POA and 14 months before she died, my sister made herself beneficiary on my mother bank accounts.. They lived in Ohio and I live in Colorado. Bank accounts are not part of the probate. Bank will not give me my mother's account history because, pretty... View More
answered on May 20, 2023
It sounds like you will need to pursue this in Ohio. Jurisdiction attaches where the person who passed away lived when they died. Since your mother did not live in Colorado when she died, Colorado would not have jurisdiction over this matter, so you could not purse this here.
Generally... View More
Constitution makes a statement about the general assembly, not imposing upon the obligations in a private contract. Wouldn’t that be in to fair to say that the law cannot thwart the obligations in a private contract? Or can the law superceede any contract? What if the parties are not obeying the... View More
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answered on Apr 20, 2023
Contract Law and the constitutional do overlap. It’s a give and take. While most contractual provisions may be valid, the state does have a considerable amount of power under the police power to affect contract law. Each state has the power to write laws to support public wellness. If a law is... View More
Constitution makes a statement about the general assembly, not imposing upon the obligations in a private contract. Wouldn’t that be in to fair to say that the law cannot thwart the obligations in a private contract? Or can the law superceede any contract? What if the parties are not obeying the... View More
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answered on Apr 25, 2023
Contract Law and the constitutional do overlap. It’s a give and take. While most contractual provisions may be valid, the state does have a considerable amount of power under the police power to affect contract law. Each state has the power to write laws to support public wellness. If a law is... View More
I hired a GC & signed a contract to remodel my bathroom. I have not received a copy of this contract despite asking every day. The contract stipulated an est of $15k-a $4k deposit & $4k upon completion & I would pay for materials. The GC showed references & licensing info & they... View More
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answered on Apr 19, 2023
I suggest considering a demand letter to the contractor regarding the issues. Keep in mind if there are construction defect issues, you'll need to consider a notice of claim letter per the Construction Defect Action Reform Act. If they do not make an effort to resolve the situation, you may be... View More
Then ask for an EUO almost 8 months later? They did not ask for EUO with in 15 days. The claim has now drug out to be eight months long. We just received one small payment, and they are not wanting to pay out the rest of the claim which is substantial.
According to our declarations. We feel... View More
answered on Mar 4, 2023
A Colorado attorney could advise best, but your question remains open for a week. More details are needed about the carrier's need for the EUO. You raise a good point. If the claim appears to be turning contentious, you could explore representation. Most injury law firms offer free initial... View More
answered on Mar 2, 2023
A certificate of service is filed with a court to show that documents related to the case have been mailed to the opposing party (or opposing counsel).
This is different than saying that a party has been properly served the summons to initiate the case. It could be different in your state,... View More
My senior class organized a game where everyone bought into the game and the winner receives a cash prize. It is organized by students, not affiliated with the school. Every player signed an agreement that they accepted the rules. Students are being kicked out of the game, despite not violating any... View More
answered on Feb 3, 2023
Contact the Colorado Attorney General to file a consumer protection complaint.
https://coag.gov/office-sections/consumer-protection/
This may also be considered theft and/or fraud. Filing a police report may be appropriate.
You would also have a civil action for breach of... View More
I only signed contract with the contractor and he is bankrupt now. what should I do?
answered on Jan 10, 2023
Dear Owner with Subcontractor Lien: The threshold question for proper legal analysis pertaining to the Subcontractor is whether or not the subcontractor sent to you, or tried to send to you, a certified mailing containing the proper notice that is required prior to recordation of a lien (it's... View More
If the time specified in section 1 passes and the landlord has not returned the security deposit or provided an itemized list of deductions, are damages and fees still deducted from the amount of 3x the original deposit?
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answered on Dec 29, 2022
Think of them as separate topics. The security deposit is meant to secure the performance of the lease. Once the time period has passed, the landlord forfeits the right to retain the security deposit. At that point, you have the responsibility to send the appropriate letters and bring legal action... View More
The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... View More
answered on Dec 4, 2022
You would have to reduce the cause of action to a judgement by filing a lawsuit and going through that process. This process will depend on the language in any contracts executed or if there was no contract the state procedural and conflict of law rules.
Once you have a judgement you would... View More
I've paid Rent to, hires a new realtor/management company 6 months into the year lease. I owe no obligation to the new realtor, because I never entered into a new contract w them?
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answered on Nov 9, 2022
That depends on the contract. Typically your duty is to the property owner but they have the option of hiring a property manager to act as their agent. If you are asking then that means there is a potential problem. You should contact an attorney to help you work through it.
Please be... View More
My wife and I moved out of our apt in Westminster, CO in 2020. We truly left the place significantly cleaner than it was when we moved in. They told us we would receive a fraction of our deposit. That alone can bring up another legal question in itself. We called so many times asking about when we... View More
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answered on Nov 9, 2022
There may be potential legal actions you can take. But you should call an attorney ASAP. If you are going on three years, there is a good chance you may toll under the statute of limitations meaning any claim you could bring you can no longer bring because you waited.
Please be aware that... View More
Currently, I work for a company as an HR representative that does not have any employees, but only independent contractors. The owner recently implemented a new policy. This policy includes some points that i believe teeter along the lines of formal employment. For clarification, these independent... View More
answered on Oct 23, 2022
Hello, your question is a very common one. This is not legal advice specific to your situation, but may be helpful as you continue to frame your question and seek a Labor & Employment Law attorney to help you.
In general, the IRS publishes a few resources to help businesses classify... View More
Acting as Durable POA for my incapacitated father, (with no limitations at all) - him being grantor of 1/2 a living trust within the family, I have been rejected 90% of the time I make a decision "as if I were him". Trustee will not respond to me at all or respect any of my father's final wishes
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answered on Oct 20, 2022
I think you need to determine if the trust is revocable or irrevocable. If it is an irrevocable living trust then you may not have the authority to do anything as that authority may rest with the trust administrator. I am in no way an expert in trusts but you may be able to find some information... View More
I'm just really confused and feel like my things are stolen/gone. Can't get ahold of customer service, and I have no email, post, or anything on their online account site showing any reason why my gate code shouldn't work. My next bill isn't due until next week. I even read... View More
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answered on Oct 19, 2022
Well, you may have a claim for breach of contract, conversion, and/or theft. It just depends on how the storage company responds and if you are in compliance with your contract. I would get in contact with an attorney to try to help to resolve the matter.
Please be aware that any answer is... View More
I have trust land and the tribes want to buy my interest and conveyance for something
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answered on Oct 19, 2022
Afternoon,
I think you need to get in touch with an attorney specializing in Indian law for your specific tribe. I used to work in oil and gas in a none legal capacity and know there are different levels of ownership within the tribe. I think it would depend if you are an owner, have a... View More
I'm pretty sure they have been working on setting up this case up before it even went to the courts.Things and questions the plaintiff started asking and having me do seemed weird too at the time.I just found out that he is her attorney.They hv been putting his law firm name instead of his... View More
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answered on Feb 14, 2024
Based on your facts, no ethical rules are violated. You probably need to look at the law dealing with whatever cause of action is involved, but first you have to have standing. Intervenors get thrown out all the time.
My artwork was accepted into a gallery show. While it was in the custody of the gallery, a fire occurred and my artwork was destroyed. It had been for sale in the show for around $1500. The gallery owner says I didn't pick it up on the end date of the show and therefore her insurance... View More
answered on Jan 24, 2024
A Colorado attorney could advise best, but your question remains open for a week. I'm sorry for the destruction of your artwork. If you reached out to attorneys, they would probably tell you that they need to review all the terms and conditions between you and the gallery. Beyond that, it... View More
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answered on Nov 21, 2023
In Colorado, landlords are required to return security deposits to tenants within 30 days after the termination of the tenancy. If the landlord fails to return the security deposit within this timeframe, the tenant may be entitled to additional compensation.
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