Aurora, CO asked in Construction Law for Colorado

Q: How can I get a company that did not properly complete a job to pay for someone else to do it ?

I contracted with a licensed company to repair and seal foundation cracks, insulate and encapsulate the crawl space of my home. They did seal a couple of cracks, but ignored others, they insulated the walls but not the rim joists. The plastic wasn't properly sealed and is coming apart in places. When called about the insulation, we were told "we don't do that" even though the contract specifies that it will. They offered solutions that are unacceptable because they won't solve the problems. I'm 94 and my daughter is 64 yrs old. We're tired of trying to resolve this on our own.

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Construction Law Lawyer
  • Frisco, TX

A: This is exactly what your retainage is for. You can contract with the new company directly to complete the job, pay the new company, then give the old company notice that you are deducting the amount of that payment from your retainage. But, if the amount you pay the new contractor is less than your retainage, you do still have to pay the old company the difference.

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.