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... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

You make a fair point - if a contractor does not complete the work properly or to your reasonable satisfaction, they should not necessarily be entitled to full payment. Legally, you have a few options:

1) Set a deadline/ultimatum for them to fix the outstanding issues by a set date in a... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

You’ve done the right thing by reviewing your plans and confirming the contractor’s obligations under the approved documents. In Centennial, Colorado, the 2021 International Residential Code is enforceable, and compliance is not optional—it’s a legal requirement. Since the building plans... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

Yes. When your contract calls for work “per code” or “to meet all applicable building codes,” the contractor can’t charge extra for mandatory safety features like guard rails that the 2021 IRC R312.1.1 requires.

By law, every portion of a permitted project must comply with the... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

You agreed to build the deck “per the approved plan set,” and because the plans clearly call for a railing, that railing is part of your contractor’s scope—even if the word “railing” isn’t in your written quote.

When you reference the plans in your contract, you adopt every... View More

I'd need a bit more information than what's here, but with new construction in particular, this issue would typically be covered by an express warranty if construction was completed, or potentially punch list if construction is just finishing. Absent an express warranty, or if it existed... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024

To find a RICO lawyer in Denver, CO, you should start by contacting your local bar association. They can provide referrals to attorneys experienced in handling complex federal crimes, including RICO cases. Additionally, you might want to look for legal directories online that list lawyers by their... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024

When a bid for a painting job is accepted and payment is made, the expectation is that the funds will be used as agreed upon - to cover expenses related to the job, such as purchasing the right equipment and materials necessary to complete the work. Misappropriating these funds, especially for... View More

Michael Joseph Larranaga Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023

You do need to contact an attorney. Depending on the circumstances, in many circumstances, the initial deposit needs to be held in a trust account and failure to properly account for the deposit can be theft. Further, it could also be a fraud and/or breach of contract issue. Regardless, you should... View More

Michael Joseph Larranaga Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2023

You will most likely need a lawyer. Depending on the facts you could be looking at slander of title or a quit title action of sorts. It depends on what they filed. Their are special rules regarding contractor liens.

Either way, it is most likely beyond the layman.

A Colorado attorney could advise best, as you have state-specific construction and engineering codes in a project like this, but you posted two weeks ago. One option is for the job to be examined by someone with legal and technical experience with such project to explore options, determine the most... View More

You spent $8,000 with a contractor on a verbal agreement? It's worth the paper it is written upon. You should contact your state contractor licensing board, because they may have requirements that contracts over a certain amount are required to be in writing, if the contractor failed to do... View More

Ben Volpe Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2023

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... View More

Hi there,

I have come across this issue multiple times with new builds and in most of the situations the homeowners have received the same response from the company. I would need to know a bit more information about where you property is located and who the builder is, but if the drainage... View More

Michael Joseph Larranaga Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2022

I would start with your original contract. If contains procedure on how to cancel the contract, then you may be able to use that.

If not, then you may wish to sit-down with the homeowner and negotiate a settlement agreement/ termination agreement. In short, you would both be agreeing to... View More

Dear Owner Facing Post-Performance Claim for Extra Contractual Payment: Your question has two areas of focus, the issue of a post-performance claim for Extra Payment and the potential pursuit of indemnity for the extra charges as against your Design Professionals. First, with regard to the issue... View More

You should file that small claims action to force this to a conclusion more quickly.

If your builder is failing to perform the warranty work then you will need to bring a lawsuit to protect your investment. This will be a construction defect type of suit. I recommend contacting an attorney familiar with suing builders under the Construction Defect Act as it is a somewhat... View More

Question on remedy in light of an anticipatory breach of contract: So long as there was a valid and executed written contract, the remedy for the contractor is twofold:

(a) the value of the percentage of completed work as measured by the contract price (and not the so-called "market... View More

You have a right to get paid for the work you did and to enforce your contract. Have you considered recording a mechanic's lien?