Arvada, CO asked in Consumer Law, Contracts, Civil Litigation and Construction Law for Colorado

Q: Contractor purchased materials on my CC, most never delivered/installed, he disappeared after demo, what is my recourse?

I hired a GC & signed a contract to remodel my bathroom. I have not received a copy of this contract despite asking every day. The contract stipulated an est of $15k-a $4k deposit & $4k upon completion & I would pay for materials. The GC showed references & licensing info & they were referred to me by thumbtack, so I did not verify. The demo & some of the plumbing & drywall is complete, there is a giant hole cut into my exterior wall, so nowhere near done. We did several phone sales to purchase “materials” in excess of 7k with my CC. I requested all receipts, which I did not get. I had to call the stores to get these. I noticed large, unauthorized expenses such as equipment & supplies that are multiple job items & business expenses, e.g. Screwdrivers, power-tools & battery packs, a router, a dremmel. Also, none of the $2k of tile or flooring I purchased was ever delivered or installed. GC asked for more $, so I asked for the contract & now he’s a no show & not answering texts or calls.

1 Lawyer Answer
Ben Volpe
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Answered
  • Construction Law Lawyer
  • Parker, CO
  • Licensed in Colorado

A: I suggest considering a demand letter to the contractor regarding the issues. Keep in mind if there are construction defect issues, you'll need to consider a notice of claim letter per the Construction Defect Action Reform Act. If they do not make an effort to resolve the situation, you may be facing the need to file a lawsuit. Without a copy of the contract, it's difficult to say if you are required to mediate and/or arbitrate. Another thing that could result here is they could record a mechanic's lien on your house. If that happens, you should be put on 10-day notice of that lien filing via mail prior to the lien being filed. This dispute needs to be addressed properly. You would be well-served to seek legal counsel before making your next move.

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