Colorado Springs, CO asked in Business Law, Construction Law and Contracts for Colorado

Q: Our company bid a job and now no longer has time to do it. No contract signed and contractor wants to sue for damages?

Is it possible to be sued for such a thing. We spoke but never signed anything.

2 Lawyer Answers
D. Mathew Blackburn
D. Mathew Blackburn
Answered
  • Licensed in Colorado

A: First off you can be sued for pretty much anything so I'd answer that with a yes. Whether there's a viable claim is another story. The fact that the potential plaintiff doesn't really have a case won't stop them from filing suit and forcing you to go through the legal process of proving they don't have a case.

The first analysis is what was agreed to and what were the terms? Was there an agreement at all? If there was a agreement were there damages?

Without knowing more about the bidding process, the time frame, the general contractor's reliance on the bid as a contract, the reasonableness of the sme, etc... it's very difficult to advise. I also don't think this is the forum to discuss such matters.

As such I would suggest you find an attorney and arrange to discuss the matter in detail so that that attorney can advise you as to your rights, the likelihood of success if you were to be sued, and an appropriate response to communications from the Contractor.

1 user found this answer helpful

Donald C Eby
Donald C Eby
Answered
  • Colorado Springs, CO
  • Licensed in Colorado

A: It is possible. But, the issue will be how strong is the contract (even verbal) and can the Plaintiff prove his/her case. If you get served with a lawsuit you should take it seriously and consider hiring an attorney to defend you and possibly bring counterclaims.

Good Luck!

1 user found this answer helpful

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