Buena Vista, CO asked in Construction Law and Contracts for Colorado

Q: Signed a contract with the homeowner for a remodel. He hired an unlicensed plumber to finish the job & refuses to pay

Our contract was to rough in and finish plumbing for 2 1/2 baths, kitchen and laundry room. Terms were 50% due at start, 30% due after rough-in inspection and 20% due on completion. The homeowner hired an unlicensed plumber to finish the plumbing draw on the home, and the county passed the inspection despite false information on his request for inspection. He is now refusing to pay the final bill of 20% despite our contract (as well as a separate service call charge that was done in the meantime). Can he breach our contract by hiring someone else to finish - let alone someone without a license?

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

A: The real question is are you going to allow this homeowner to breach your contract without consequences? You have a contract, you have the right to enforce the terms of that contract and your expectations of profit therein.

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