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Questions Answered by James Alan Greer
1 Answer | Asked in Consumer Law, Contracts and Construction Law for California on
Q: Can you please confirm if my interpretation of the BPC code for unlicensed subcontractors is correct:

A licensed contractor sent unlicensed tile installers, (1099 employees, not W-2 employees), to install our kitchen floor. The job was $1,500 plus materials. He claims that since they were "employees," and covered under their workmans comp, they did not need to be licensed. Is this true?

James Alan Greer
James Alan Greer answered on Oct 4, 2019

Homeowner With Question On Licensure: Your thinking about licensed subcontractors is mostly correct (nicely done !). A contractor or subcontractor may perform ANY TYPE OF WORK without a license so long as the whole of the work is LESS THAN $500.00 (the "PennySaver" advertisement type of... Read more »

2 Answers | Asked in Real Estate Law and Construction Law for Colorado on
Q: We are building a home in Colorado and our builder has had endless delays and constant excuses as to why it’s not done.

Our original move in date was July 15, then August 15, August 25, now October 1st. He didn’t even start the foundation clearing until August 25th, it’s not been touched since then. The house is complete (modular) and off site, waiting on the site to be complete.

He is paying for a... Read more »

James Alan Greer
James Alan Greer answered on Sep 6, 2019

Dear Delayed Home Builder: Your question speaks of the phenomenon happening in CO (and other states) whereby the construction industry is "spread thin". I don't mention this to rebuke or to offer excuses for the Contractor, but delayed projects are a sig of the times. You have a contract with a... Read more »

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2 Answers | Asked in Real Estate Law for Colorado on
Q: in colorado if i offered full listing price no contignent cash offer do they have to accept or at least respond
James Alan Greer
James Alan Greer answered on Sep 4, 2019

Dear Colorado Offerer: The question you pose has a direct and straightforward reply based in contract law. An offer to purchase (your offer at full list price) is only an OFFER. Meaning, an offer invites acceptance but does not create a contract. The Seller's choices in reply to your offer... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Construction Law for California on
Q: Is general contractor in breach of contract? What should I do- he's insisting on payment bu appears to have abandoned me

12 HI contracts with 1 GC 10 paid in full due to how progress payments worded Only 3 HIC completed 65% work don 85% of total balance paid Arranging financing for 1/2 of 15% left but now have preliminary lien notice from subcontractor & want to hold back 10% of total balance until resolved & all... Read more »

James Alan Greer
James Alan Greer answered on Aug 30, 2019

Dear Owner Requesting Advice on Retention Payment issue: While I am adept at advising owners in a construction setting, your question as stated is probably not capable of reply in this limited forum until more information is obtained. Critically, an attorney would definitely need to review the... Read more »

1 Answer | Asked in Construction Law for California on
Q: Hired a home depot contractorand he quit how can i get help?

I went to home depot to have a new door installed. I talked to an employee. They took down my info and said contractors would contact me. One of their contractors started the door install. We started talking about a remodel of bath and kitchen. He started the next day. NOW HE DID THE DEMOLITION... Read more »

James Alan Greer
James Alan Greer answered on Aug 18, 2019

Homeowner With Contractor Abandonment. Your situation sounds upsetting; I'll try to offer some guidance.

First, perhaps you should be trying to contact the actual contractor that abandoned this job - do you have their company name ? if you do you can look them up online or on the...
Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: I am a plaintiff. I need to amend my lawsuit to add two additional defendants. How can I do this?

The matter concerns a surety bond. I want to join the surety as an additional defendant, as well as the principal on the bond. The original defendants have not been served because we cannot locate them.

James Alan Greer
James Alan Greer answered on Aug 14, 2019

Dear Plaintiff Needing to Amend Complaint: If there is no named defendant whom has filed an Answer to Complaint (which seems likely from my reading of your description) then you are allowed by the Code of Civil Procedure to file a "First Amended Complaint", and the court will accept the filing... Read more »

2 Answers | Asked in Real Estate Law for Colorado on
Q: What if neighbor violates terms of an easement in CO?

Our neighbor has planted trees and bushes directly over our sewer lateral, which crosses his property on an easement. The easement agreement says, "the covenants and agrees (i) not to construct, install or maintain any structures or fixed improvements within, over or upon any portion of the... Read more »

James Alan Greer
James Alan Greer answered on Jun 11, 2019

Dear Easement Grantee: On the face of it, your description of the activities by the servient property owner seems to be a violation of the Easement Agreement, to wit: "not to plant, install, or maintain any trees, bushes . . . over or upon any portion of the . . . Area". Easement areas are... Read more »

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1 Answer | Asked in Real Estate Law for Colorado on
Q: i have a contract to sell my house, and i need someone to look over it for me and let me know if it is legit.
James Alan Greer
James Alan Greer answered on Dec 28, 2018

Sales Contract (Residential): I am equipped to assist, and happy to help. Would be best if you sent along the proposed/pending Contract via email, and I'll supply you with a responsive email identifying the Fixed Fee to perform review, analysis, and advice. Thanks. jamesgreer@CalCoLaw.com... Read more »

5 Answers | Asked in Business Law and Real Estate Law for Colorado on
Q: Retail Business Space Lease

I have an existing business that is an LLC and we are moving to a new location for our business. In the new lease it calls out in our addendum for both LLC members to give a Personal Guarantee, does this negate the personal property protection that our current business LLC gives us? Should we seek... Read more »

James Alan Greer
James Alan Greer answered on Nov 27, 2018

Dear LLC Lessee: It is standard practice for a Lessor to require a Personal Guarantee ("P.G.") from the Members of an LLC. The reasoning from a Lessor's standpoint includes the primary concern that an entity (an LLC, for example) can breach a Lease by simply winding down and dissolving, thereby... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Colorado on
Q: A family trust gave us funds to assist in the purchase of a home. After the purchase they filed a lien on the property?

The trust demanded a promissory note and deed be signed after the purchase of the home. They said to ignore the promissory note and not to worry about the details of the deed (which incorporated the note and referenced it)! We declined / refused as the details were not anything discussed, nor... Read more »

James Alan Greer
James Alan Greer answered on Oct 16, 2018

Dear Trust Borrower For Purchase of Real Estate: While I don't have the full understanding of you/Borrower understanding of the loan and the details therein, I have to offer this generalized advice: it is "usual" that a Lender of money for purchase of real property would want to be "secured" in... Read more »

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2 Answers | Asked in Real Estate Law for Colorado on
Q: Someone filed a lien against my property. This is not a contractor, it is a person who claims I owe them money. Plz advz

How to we have lien removed? It appears that only contractors, etc are able to use mechanics' liens (which this is not) and any other valid liens must be ordered/approved by the court prior to being filed (this is not the case here either).

What should we do?

James Alan Greer
James Alan Greer answered on Oct 15, 2018

Dear Liened Property Owner: In order for a lien to be "properly" recorded onto the title of your property it must either have been: (1) from a supplier of construction labor, services, materials; (2) a judgment creditor; or (3) a lender. The lien itself will describe the claimant (names and... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: When purchasing a home, if the pipes freeze AFTER the inspection but BEFORE closing. Who is responsible?

The pipes were drained after the inspection to keep from freezing. However, the listing agent turned the water back on before closing. If the pipes freeze and burst before we close, who is responsible for the cost of fixing that?

James Alan Greer
James Alan Greer answered on Oct 9, 2018

Dear Frozen Pipes Seller: the rule of law in Colorado Real estate sales contract is that the SELLER (and the Seller's insurance carrier) is responsible for all property damages occurring at the subject property until the moment of "closing" (or, the moment the title is transferred to Buyer).

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I'm the landlord. Lease states occupancy no more than two adults without written okay, can minor child occupy?

We are six months into a two-year lease. Found out tenant has her daughter living there. No notice given. Lease states occupancy "...no more than two adults without prior written permission from Lessor." Technically is my tenant in breach of the lease?

James Alan Greer
James Alan Greer answered on Aug 4, 2018

Dear Landlord With Potential Breaching Tenant: An occupancy limit can be a valid condition to a Lease Agreement and if your current tenant has concealed the fact that they exceeded the occupancy then they are technically in Breach of Lease (more than two tenants, including one minor). Of... Read more »

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2 Answers | Asked in Real Estate Law for Colorado on
Q: I need to remove ex boyfriend from the title to my house

My father gave me the money to buy the house

Ex boyfriend pressured me into putting his name on the deed

James Alan Greer
James Alan Greer answered on Jul 29, 2018

Dear Girlfriend Needs Clear Title: Your options are to achieve ex-boyfriend's voluntary transfer, or else you'll be forced to file an action in District Court. If through voluntary means: present a recordable Quitclaim Deed for him to sign before a Notary and then record the Quitclaim and a... Read more »

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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: I wan to finish off a fence between my backyard and a portion of my neighbors backyard.

There is an old post fence that I would like to replace with a privacy fence between my backyard and a portion of my neighbors front yard. It would be a property line fence. Does Colorado Title 35 article 46 section 112 require my neighbor to share in the cost burden of such a project? Or would... Read more »

James Alan Greer
James Alan Greer answered on Jul 16, 2018

Dear Fence Line Property owner: The section you cite is pertinent to "agricultural or grazing lands". While you didn't make a distinction in your question, the legal authority supports your desires only if you are speaking about agricultural land. Here is the citation:

Universal...
Read more »

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3 Answers | Asked in Real Estate Law for Colorado on
Q: In CO , can a new owner deny access to a 3rd party previously allowed use of land to access 3rd party's own land

3rd party has been using subject property to access his land. I want to purchase subject property and deny access to 3rd party. There are alternate documented easements that 3rd party could use.

James Alan Greer
James Alan Greer answered on Jul 16, 2018

Dear Prospective Land Purchaser: I can almost always offer an educated opinion even if I have to impute some information in order to supply a response to our fine Justica clientele. This one - it has too many complex nuances for any attorney to SAFELY supply a response. I'll offer this: the... Read more »

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1 Answer | Asked in Insurance Bad Faith and Real Estate Law for Colorado on
Q: What type of lawyer is needed to help fight a mechanics lien placed on your property
James Alan Greer
James Alan Greer answered on Jun 29, 2018

Dear Mechanic’s Lien Defendant: in reply to inquiring about the type of attorney, you should employ an attorney whom has experience in your local jurisdiction in construction litigation, more specifically one whom understands the nuances of filing a “Petition For Release Of Mechanic’s... Read more »

2 Answers | Asked in Real Estate Law for Colorado on
Q: I just built a modular home on my property. I want to know if I should hold out on final payment until all "issues" are

I just built a modular home on my property. I want to know if I should hold out on final payment until all "issues" are satisfied i.e. things that don't work not finished to my approval etc. They expect full payment upon my moving in but what leverage do I have to get things done?

What... Read more »

James Alan Greer
James Alan Greer answered on Jun 9, 2018

Newly Constructed Homeowner: The answers to your questions, for the most part, will depend on the contents of your Construction Contract with the contractor/installer. Your questions about "disputing the costs of tradespersons / materials" imply that you did not have a Fixed Fee contract but... Read more »

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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Colorado on
Q: Rent to own homewner is claiming he did not receive money order for monthly payment.

It was dropped off on 4/8 and trackinf shows it cashed 4/10. He did not contact us until 4/15 to claim he did not get it. He is demanding a late fee and a double payment on the next due date. He also is requesting we revise our original agreement. He has not specified the changes he wants. We've... Read more »

James Alan Greer
James Alan Greer answered on Apr 21, 2018

Dear Potential Eviction Client: While I endorse the efforts you are making to show the Owner that the Owner endorsed the payment, in the meantime if you are able to afford it I would strongly recommend you go ahead and expedite making the payment that is being demanded (a second time, in your... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: My wife and i are very dear friends of an older couple who own a mountain house in Glacier View Medows.

They have moved to Powell Wy but keep the mountain house. They asked if we want to be co-owners with them and maintain the place as co-owners. The mountain house is paid for so we would pay them 1/2 the amount of an agreed price with an option to purchase the remaining 1/2 at a later time. How do... Read more »

James Alan Greer
James Alan Greer answered on Apr 7, 2018

Dear Mountain Property Purchaser: My recommendation would be to enter into a basic and straightforward Purchase Agreement With Option, whereby you pay the 1/2 purchase price in consideration of the receipt of a Quitclaim Deed for 1/2 of the title. Best practices would be to obtain Title Insurance... Read more »

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