Colorado Construction Law Questions & Answers
Q: Can a judge make the decision to set my case for trial
Courtney Edwards' answer
I'm not entirely sure what you are asking here but yes, a judge can enter a not guilty plea for you and set your case for trial. Especially when you case has been active so long without any movement.
I'm not entirely sure what you are asking here but yes, a judge can enter a not guilty plea for you and set your case for trial. Especially when you case has been active so long without any movement.
Q: Can I withhold final payment from my contractor until the work passes inspection?
Donald C Eby's answer
Generally, withholding payment is the only leverage a homeowner has against such contractors.
Generally, withholding payment is the only leverage a homeowner has against such contractors.
Q: What are my rights when living in a house we are remodeling for owner and only pay rent when not able to work on house
Donald C Eby's answer
Hopefully you have a written lease to validate the $700/mo plan. Otherwise, you likely have a month to month lease which allows either party to change the terms of the lease on very little notice.
Good Luck!
Hopefully you have a written lease to validate the $700/mo plan. Otherwise, you likely have a month to month lease which allows either party to change the terms of the lease on very little notice.
Good Luck!
Q: Our company bid a job and now no longer has time to do it. No contract signed and contractor wants to sue for damages?
2 Answers
| Asked
in
Business Law, Construction Law and Contracts
for
Colorado
on
Answered on Nov 19, 2018
Answered on Nov 19, 2018
D. Mathew Blackburn's answer
First off you can be sued for pretty much anything so I'd answer that with a yes. Whether there's a viable claim is another story. The fact that the potential plaintiff doesn't really have a case won't stop them from filing suit and forcing you to go through the legal process of proving they don't have a case.
The first analysis is what was agreed to and what were the terms? Was there an agreement at all? If there was a agreement were there damages?
Without knowing more about...
First off you can be sued for pretty much anything so I'd answer that with a yes. Whether there's a viable claim is another story. The fact that the potential plaintiff doesn't really have a case won't stop them from filing suit and forcing you to go through the legal process of proving they don't have a case.
The first analysis is what was agreed to and what were the terms? Was there an agreement at all? If there was a agreement were there damages?
Without knowing more about...
Q: Our home was to have an asbestos abatement performed; and what we were assuming was a person whose company was certified
1 Answer
| Asked
in
Civil Litigation, Contracts, Construction Law and Environmental
for
Colorado
on
Answered on Sep 25, 2018
Answered on Sep 25, 2018
Donald C Eby's answer
You may have a legitimate Breach of Contract claim against your contractor and you have a damages claim against him. You should contact an attorney to schedule a consultation so that the facts can be closely reviewed and you can get a clear picture of your rights, options, and possible results.
You may have a legitimate Breach of Contract claim against your contractor and you have a damages claim against him. You should contact an attorney to schedule a consultation so that the facts can be closely reviewed and you can get a clear picture of your rights, options, and possible results.
Q: What is the statute of limitations to sue the builder or structural engineer for residential design failure in Colorado?
Donald C Eby's answer
You don't have to wait until the deck fails. The Colorado Construction Defect Act allows 10 years to resolve this type of issue.
You don't have to wait until the deck fails. The Colorado Construction Defect Act allows 10 years to resolve this type of issue.
Q: hi..a dog ran out of a house today when we were carrying in equipment to do their hardwood floors, - it was hit by a car
1 Answer
| Asked
in
Animal / Dog Law, Construction Law and Consumer Law
for
Colorado
on
Answered on Oct 11, 2017
Answered on Oct 11, 2017
Juliet Piccone's answer
I would suggest offering to credit their bill in exchange for a full and final release of liability for the damages ie death of their dog. I can draft such a document.
I would suggest offering to credit their bill in exchange for a full and final release of liability for the damages ie death of their dog. I can draft such a document.
Q: Is the General Contractor in a breach of contract
1 Answer
| Asked
in
Business Formation, Contracts and Construction Law
for
Colorado
on
Answered on Sep 22, 2017
Answered on Sep 22, 2017
D. Mathew Blackburn's answer
Maybe. In a technical capacity yes it's a breach. The next question becomes is it material. is there a time clause? If the contract doesn't say time is of the essence then the times are more like guidelines and breaking them becomes an immaterial breach. A no harm no foul sort of situation. Which brings us to the next step: damages. Even where you have a breach there's little you can do without damages. Depending on the contract you may be able to rescind or cancel the contract, there may be...
Maybe. In a technical capacity yes it's a breach. The next question becomes is it material. is there a time clause? If the contract doesn't say time is of the essence then the times are more like guidelines and breaking them becomes an immaterial breach. A no harm no foul sort of situation. Which brings us to the next step: damages. Even where you have a breach there's little you can do without damages. Depending on the contract you may be able to rescind or cancel the contract, there may be...
Q: Do my parents have legal grounds to withdraw from a contract with a Home Builder if know of a potential health risk?
2 Answers
| Asked
in
Real Estate Law, Construction Law and Environmental
for
Colorado
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Tristan Kenyon Schultz's answer
The contact will likely control here. You will need to hire an attorney to review the circumstances and the contact to review the available options.
The contact will likely control here. You will need to hire an attorney to review the circumstances and the contact to review the available options.
Q: Realtor did not disclose the construction next door of over 200 homes shortly after we moved in, do we have recourse?
Tristan Kenyon Schultz's answer
You may have a claim, but you will need to contact a real estate attorney directly. As a general best practice, the seller should disclose things that may impact the value or desirability of a home. Colorado might require the disclosure of the construction if the circumstances are right, but nearby building is not per se always required to be disclosed. Be aware the disclosure is not tied to the buyer's subjective like or dislikes. However, a clear reduction in home value (provable, not just a...
You may have a claim, but you will need to contact a real estate attorney directly. As a general best practice, the seller should disclose things that may impact the value or desirability of a home. Colorado might require the disclosure of the construction if the circumstances are right, but nearby building is not per se always required to be disclosed. Be aware the disclosure is not tied to the buyer's subjective like or dislikes. However, a clear reduction in home value (provable, not just a...
Q: We paid a contractor half his bid to construct a basement. He hasn't paid any of his suppliers. Can we make him pay?
Tristan Kenyon Schultz's answer
Review your contact. As a general rule, you cannot require the general contractor to pay subs. You can argue that a breach of contact has occurred and request your money back (check the contract to make sure that a breach has occurred). Also be aware you may not be liable to the subs (again, review the contract).
If it looks like the general pocketed the money (or is headed for bankruptcy), you should schedule a meeting with a lawyer to unpack what has happened and what you...
Review your contact. As a general rule, you cannot require the general contractor to pay subs. You can argue that a breach of contact has occurred and request your money back (check the contract to make sure that a breach has occurred). Also be aware you may not be liable to the subs (again, review the contract).
If it looks like the general pocketed the money (or is headed for bankruptcy), you should schedule a meeting with a lawyer to unpack what has happened and what you...
Q: hired a company to build a shop on our property. The VP of the company asked us to make part of our payment to the sub.
Tristan Kenyon Schultz's answer
You should contact a lawyer this matter; this looks to be headed towards litigation and it is better to start planning early. As a general rule, if the VP acted as the real or presumptive agent on behalf of the company he would legally bind the company to his decisions. Even if the VP was acting outside of his authority (which is not proven), a 3rd party (you) does not assume a duty to discover whether the VP was acting with approval of the company or not. In short, the company has an issue...
You should contact a lawyer this matter; this looks to be headed towards litigation and it is better to start planning early. As a general rule, if the VP acted as the real or presumptive agent on behalf of the company he would legally bind the company to his decisions. Even if the VP was acting outside of his authority (which is not proven), a 3rd party (you) does not assume a duty to discover whether the VP was acting with approval of the company or not. In short, the company has an issue...
Q: i built a house for an owner/builder. did not receive final pay. am i considered day labor? all materials were provide
Tristan Kenyon Schultz's answer
Contacting an attorney is highly recommended. There is not enough information to make an evaluation of what your legal status is for a collections lawsuit. You will need to meet with a lawyer and discuss the entirety of the oral discussion/agreement and the nature of the work you provided.
Unrelated, it is highly recommended that you always establish a written contact prior to beginning work. The contact does not need to be complex. Simply listing: (1) the parties; (2) the work to be...
Contacting an attorney is highly recommended. There is not enough information to make an evaluation of what your legal status is for a collections lawsuit. You will need to meet with a lawyer and discuss the entirety of the oral discussion/agreement and the nature of the work you provided.
Unrelated, it is highly recommended that you always establish a written contact prior to beginning work. The contact does not need to be complex. Simply listing: (1) the parties; (2) the work to be...
Q: Hello, I'm seeking legal advice in regard to a roofing company that did property damage at my residence.
1 Answer
| Asked
in
Construction Law, Contracts and Real Estate Law
for
Colorado
on
Answered on Jun 19, 2016
Answered on Jun 19, 2016
Tristan Kenyon Schultz's answer
This is a tort or property law claim (the specifics are not important). Review the contract with the roofing company (look specifically for damage to property provisions). You may need to contact a lawyer.
This is a tort or property law claim (the specifics are not important). Review the contract with the roofing company (look specifically for damage to property provisions). You may need to contact a lawyer.
Q: If a city requires you to purchase a building permit, but yet doesn't do any inspections on work completed liable in any
1 Answer
| Asked
in
Construction Law, Gov & Administrative Law and Municipal Law
for
Colorado
on
Answered on Dec 22, 2015
Answered on Dec 22, 2015
Tristan Kenyon Schultz's answer
Some permits do not require inspections. Even for those that do, most inspections are rather cursory...
Some permits do not require inspections. Even for those that do, most inspections are rather cursory...
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.
