Q: Is it legal for a homeowner to sequester materials/tools left on a jobsite until the dispute w/contractor is resolved?
I am having hardscape (flagstone) work done at my house. The contract calls out certain inclusions (mesh, compaction, fill etc.) that are not being used. I have asked to meet with the company owner several times to no avail. I have informed him that his workers are not allowed onsite until we can resolve the deficiencies. Can I hold the tools and materials left on site as colleterial until we resolve the remedy for the deficiencies?
A: I am not licensed to practice law in Colorado, but after 41+ years of practicing law in Florida my gut instinct is to answer your question with a definite no. Notwithstanding your unhappiness with the quality of workmanship provided by the contractor, unless you have some legal authority to "sequester" any property--or anything else belonging to the contractor--you are advised not to try any "self-help" method of legal problem solving. People in my locale have been beat up and shot for doing less than you propose.
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