Denver, CO asked in Consumer Law, Business Law and Construction Law for Colorado

Q: Had a contractor built a fence, did not follow the material guidelines outlined in the HOA. Can I sue for his poor work?

Me and two neighbors(N1 and N2) hired a contractor to build a fence, we all signed separate contracts. This contractor did a very poor job. The work is bad, I have pictures to document it all. When I showed him the work, he said i was being "nit picky". I asked him about the gaps in the fence that were over 1/2 inch and he said they use 3 inch nails. Also, they used a sledge hammer to knock the posts down instead of digging an extra inch. They finished my fence and N1's fince first and were halfway done with N2's fence and sent a text coming to collect final payment. When they arrived, all three neighbors voiced our concerns. They told N2 they would fix the gaps in the portions of the fence that were unfinished. The told myself and N1 that we were being nit picky and basically that they couldn't do anything. Also, the HOA fencing guidlelines (they were supplied with) say that all lumber has to be rough cut cedar. They used smooth cut cedar for a large portion of the fence. Please help!

1 Lawyer Answer
Donald C Eby
Donald C Eby
  • Colorado Springs, CO
  • Licensed in Colorado

A: You may have a claim, a strong demand letter from an attorney may be a good first step. The strength of your claim will depend upon the language contained in the contract.

Nelson Patrick Boyle agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.