Denver, CO asked in Contracts and Construction Law for Colorado

Q: What are my options for resolving construction defect dispute with contractor? How can I find legal guidance?

I contracted with a concrete contractor to pour 290 sq. ft. for a concrete patio for $2750. The contract stated the concrete was to be "an average of 4 inches in depth." I pulled 40 measurements (one per lineal ft) from the concrete patio they poured and the depth ranges from 1.67 to 3.75 inches with an average depth of 2.67 inches. Eight of my measurements were less than 2 inches, and none were 4 inches or greater. I want it ripped out and replaced to meet specs in contract (i.e. average 4 inch depth).

By contract, I was required to pay in full upon services rendered (I did) and send a notice of defect by certified mail within 10-days of noticing defect (I did and they received it 7/2). I've emailed the contractor twice, and left a voicemail in addition to the certified letter; I have not received a response. The contract has an arbitration clause, with a specific arbitrator listed.

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

A: If the contract has an arbitration clause initiation arbitration is you next step.

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