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Colorado Construction Law Questions & Answers
1 Answer | Asked in Construction Law and Contracts for Colorado on
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... Read more »

Donald C Eby
Donald C Eby answered on Jan 12, 2021

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.

1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Signed contract summer 2019 for home work to be done in 20 days. Can I cancel?

Seen no one since Feb 2020. Paid 75% of contract which is more than itemized completion. Contractor is working on new jobs. He doesn’t contact back when I text or call. I just want to hire someone to complete our house.

Donald C Eby
Donald C Eby answered on Nov 25, 2020

Likely, yes you have a basis to claim that the contractor has breached the contract and demand a return of your payment and damages.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Colorado on
Q: Contract/money exchanged for a remodel project with ho-owner in Early September. HO wants to now cancel and get refd

Time and material cost and possible of it changing was made clear from the start. Order was delayed and arrived wrong (this last monday). Lumber company was willing to except fault for mistake and meet us half way on materials cost increase. Homeowner eminently cancels and whole project and demands... Read more »

Donald C Eby
Donald C Eby answered on Nov 22, 2020

You ask a lot of great questions. I suspect that you do not owe a full refund and I question the homeowners right to cancel. But, the answers to these questions are found in your contract. I recommend you bring your contract to an attorney to have it reviewed along with your facts and expenses.... Read more »

2 Answers | Asked in Contracts and Construction Law for Colorado on
Q: Can a contractor charge me additional money after I paid the invoice in full?

A subcontractor "forgot" about additional charges over a week later and now the subcontractor is trying to charge me additional money.

I am the owner, and was told that the job was paid in full. Now, a week after, they are charging more money with no itemized bill.

James Alan Greer
James Alan Greer answered on Sep 1, 2020

Dear Questioner facing extra-contractual charges: I am unclear if you are the Contractor or the Owner in the description you provided. However, while there would be nuances in my legal analysis and recommendations depending upon your respective "role", the basic answer remains the same.... Read more »

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1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Q: County wants us to get a permit for basement finish from 2006 which was two owners ago.

They tell me I need to pay 650 dollars to make our home legal. We have a coo.

James Alan Greer
James Alan Greer answered on Aug 26, 2020

Dear County Compliance questioner: I'm afraid that your defense "it's been unlawful for a long time" is not adequate for you to avoid the Colorado Municipal Law pertaining to the County's jurisdiction over unpermiited structures. To perhaps smooth over your anguish about... Read more »

1 Answer | Asked in Contracts and Construction Law for Colorado on
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... Read more »

Donald C Eby
Donald C Eby answered on Jul 6, 2020

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

1 Answer | Asked in Employment Law and Construction Law for Colorado on
Q: I recently received a court order to my home address of a company I managed in 2018, and was closed in august 2019.

The order was received at my home address, and stated on the order that it is the companies active office. When the company has been closed since august. I was just a manager and I’m getting the blame cause I was the point of contact. There was draining damage when we did pier drilling, and I was... Read more »

Donald C Eby
Donald C Eby answered on Jul 3, 2020

There is no way to give you good advise here. An attorney will need to see the documents you were served with to provide you with an assessment of your rights, remedies, and risks. And this could be serious, so you'll want to properly respond to avoid taking o liability. You should contact... Read more »

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Can I be sued By a contractor, as a old manager of a company that is now dissolved, and a job done 2 years ago?

I used to be a manager for a Construction company, and they’re trying to sue me cause I was their point of contact, for damages that happened, the job was done 2 years ago. And they contacted me 2 months ago, and didn’t ask if we could fix it or anything just plain out wants to charge me. Also... Read more »

Donald C Eby
Donald C Eby answered on Jun 6, 2020

You can be sued, although it seems that you have a strong defense so the suit is unlikely to be successful. Nevertheless, if you are served a Complaint you must answer to avoid a default judgement being entered against you.

If you get served you should contact an attorney to respond on...
Read more »

1 Answer | Asked in Consumer Law, Business Law and Construction Law for Colorado on
Q: Had a contractor built a fence, did not follow the material guidelines outlined in the HOA. Can I sue for his poor work?

Me and two neighbors(N1 and N2) hired a contractor to build a fence, we all signed separate contracts. This contractor did a very poor job. The work is bad, I have pictures to document it all. When I showed him the work, he said i was being "nit picky". I asked him about the gaps in the... Read more »

Donald C Eby
Donald C Eby answered on May 8, 2020

You may have a claim, a strong demand letter from an attorney may be a good first step. The strength of your claim will depend upon the language contained in the contract.

2 Answers | Asked in Bankruptcy, Contracts, Real Estate Law and Construction Law for Colorado on
Q: When a builder is building a new subdivision - who is responsible for building retaining walls -the developer or the HO

There is an area behind four homes in our area that is a very steep, collapsing hill. The home buyers understood from a design plan that the developer would build retaining walls to prevent the hills collapse. Our builder is now saying it is the responsibility of the HOA - not him

Donald C Eby
Donald C Eby answered on Feb 10, 2020

Who owns and is thus responsible for the retaining wall? Generally, a builder initially owns all common areas, but at some point in the development process the developer assigns ownership of the common areas to the HOA. After this assignment the HOA owns the common areas/walls and is responsible... Read more »

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1 Answer | Asked in Consumer Law and Construction Law for Colorado on
Q: I recently was charged a fee of $1000 for 3 days late Payment on a $4088 b’room remodel. Is this legal? Ursury? Colorado

Contract stated 25% fee every week for non payment. The original invoice was in dispute, and after 7 days they charged me $1022 in interest on an invoice of $4088. I believe in Colorado the ursury limit is 45% per annum. Does ursury limits apply in this case, or is it just consumer loans (money... Read more »

Donald C Eby
Donald C Eby answered on Nov 2, 2019

Usury does apply to late fees in lease agreements.

You may want to get an attorney to help you in dealing with this party. A demand letter from an attorney could help to convince the opposing party that this will not work out well for him/her.

1 Answer | Asked in Construction Law for Colorado on
Q: Hello! I am wondering if home builders in Colorado are required by law, to provide a 10 year structural warranty?
Donald C Eby
Donald C Eby answered on Nov 1, 2019

No but yes. Builders are not required to offer any warranty. But, a owner may bring suit against the builder under the Construction Defect Statute for defects for up to 10 years after completion of the home.

Hope helps. You should contact an attorney if your builder is not cooperating...
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1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Q: We flipped a home 5 years ago, and 2 buyers later, the new buyer is suing us for shouty workmanship.

She is stating the the floors are not level. At first their claim was we finished the basement with non floating walls, but when they found out that the basement was already finished, they are now stating well it must be something we did upstairs.

Donald C Eby
Donald C Eby answered on Oct 15, 2019

You should consult an attorney to assist you in defending yourself against these claims. There are likely other facts that need to be discussed but it is possible that you could make a claim against the Plaintiff for attorney fees to defend yourself against this lawsuit.

1 Answer | Asked in Construction Law for Colorado on
Q: The shower in my basement is cracked and cannot be repaired, can our builder be held liable

Our house is just about 3 years old. We had the builder finish the basement. Recently our shower in the basement has cracked (shower walls and pan). We had the builder out to inspect this and they wont cover the repair saying that it's cosmetic. Our shower is unusable, and when asked how we... Read more »

Donald C Eby
Donald C Eby answered on Sep 28, 2019

You should contact an attorney to assist you with a possible Construction Defect Claim. There is a formal process which provides significant leverage to the homeowner against contractors who poorly construct homes.

2 Answers | Asked in Real Estate Law and Construction Law for Colorado on
Q: We are building a home in Colorado and our builder has had endless delays and constant excuses as to why it’s not done.

Our original move in date was July 15, then August 15, August 25, now October 1st. He didn’t even start the foundation clearing until August 25th, it’s not been touched since then. The house is complete (modular) and off site, waiting on the site to be complete.

He is paying for a... Read more »

James Alan Greer
James Alan Greer answered on Sep 6, 2019

Dear Delayed Home Builder: Your question speaks of the phenomenon happening in CO (and other states) whereby the construction industry is "spread thin". I don't mention this to rebuke or to offer excuses for the Contractor, but delayed projects are a sig of the times. You have a... Read more »

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1 Answer | Asked in Construction Law for Colorado on
Q: My husband paid a contractor up front for two bathroom remodels in our home October 2018.

The first bathroom they started still isn't done. One of their subcontractors recently botched the new drywall (cut holes too large for the switch plate, ceiling fan, can light and vanity light) and knockdown texture application so that is being repaired by them right now. I don't want... Read more »

Donald C Eby
Donald C Eby answered on May 31, 2019

The answer to your question depends upon the specific language in the contract. I recommend contacting an attorney to review your contract and facts. That attorney could then draft a Notice of Termination which would put you in the best position to recover any unearned money.

1 Answer | Asked in Construction Law for Colorado on
Q: My husband has pretty much bankrupt our construction company would it b better to withdraw as a member now or wait for d

It is LLC I own 59percent just the 2 of us as members just don't want to be left holding the bag

Donald C Eby
Donald C Eby answered on May 28, 2019

You should contact an attorney to discuss the process of dissolving the LLC and review the debts to determine your personal liability.

1 Answer | Asked in Construction Law for Colorado on
Q: Purchased new home 2019. Weeks later the house is getting cracks in the walls, ceiling fell due to snow, shingles off.

Builders wont return calls, texts or emails. Not letting us know who the 3rd party warranty people are. They are now in another state. what is the next step to take? I am completely lost. How to I get my house fixed? Sub contractors weren't paid during build process either.

Donald C Eby
Donald C Eby answered on Apr 12, 2019

You have substantial damage to your new home! Likely this falls under the Colo Const. Defect Act which allows you to claim 3X damage if a builder is uncooperative.

You should contact an attorney to discuss this process before your home is further damaged.

2 Answers | Asked in Construction Law for Colorado on
Q: Between a general contractor and their client, who is the most liable for paying sub-contractors?

If a GC settles with a client for less than what is owed on work completed, from whom do the subs collect what they are owed?

Donald C Eby
Donald C Eby answered on Mar 22, 2019

Generally the General Contractor has direct privity of contract with the Subs and is thus responsible to pay them.

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1 Answer | Asked in Criminal Law and Construction Law for Colorado on
Q: Can a judge make the decision to set my case for trial

Judge was upset because my case has been going on for 14 months negligence of p.d.offic this is my 2nd i went in last moth to enter guild plea pd wast equipped again judge set it for trial i tryed to discontinue he serves did i do that wrong i got a new appt w her she didnt even know it was set for... Read more »

Courtney Edwards
Courtney Edwards answered on Feb 20, 2019

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.

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