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Colorado Construction Law Questions & Answers

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 to let... Read more »

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 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 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 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 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.

1 Answer | Asked in Contracts and Construction Law for Colorado on

Q: Can I withhold final payment from my contractor until the work passes inspection?

I hired a licensed contractor to replace the roof, siding, gutters, and garage door. I think he pulled the permit for the roof after the fact. The Permit is dated Dec 2018, but work was done Oct 2018. The roof failed inspection. They just finished my siding, and when I asked when the inspection for... Read more »

Donald C Eby answered on Feb 5, 2019

Generally, withholding payment is the only leverage a homeowner has against such contractors.

1 Answer | Asked in Construction Law and Real Estate Law for Colorado on

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

Agreement was my husband remodels house in side and out in exchange for rent 700 month utilities included when work hours do not add up to 700 we pay the difference has been working out for 5 months and then out of nowhere they are saying the rent is 900 utilities are not included and suggested if... Read more »

Donald C Eby answered on Feb 1, 2019

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!

2 Answers | Asked in Business Law, Construction Law and Contracts for Colorado on

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?

Is it possible to be sued for such a thing. We spoke but never signed anything.

D. Mathew Blackburn answered on Nov 19, 2018

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... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Construction Law and Environmental for Colorado on

Q: Our home was to have an asbestos abatement performed; and what we were assuming was a person whose company was certified

This company proceeded to do work on the house (by his subcontractor who was "certified"; but not a state certified company), parts deemed affected were pulled; but was not disposed of properly, and now the state has become involved, with a Stop Work order posted to property. Now this contractor... Read more »

Donald C Eby answered on Sep 25, 2018

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.

1 Answer | Asked in Construction Law for Colorado on

Q: What is the statute of limitations to sue the builder or structural engineer for residential design failure in Colorado?

For example, a second story deck was attached to a residential house's cantilever's rim board (against code), but a structural engineer stamped it as acceptable. If the deck fails, what is the statute of limitations after construction completion or engineer's letter to seek recourse from these... Read more »

Donald C Eby answered on Jul 31, 2018

You don't have to wait until the deck fails. The Colorado Construction Defect Act allows 10 years to resolve this type of issue.

1 Answer | Asked in Animal / Dog Law, Construction Law and Consumer Law for Colorado on

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

and died on the spot , should we still bill them for the job? $3000

Juliet Piccone answered on Oct 11, 2017

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.

1 Answer | Asked in Business Formation, Contracts and Construction Law for Colorado on

Q: Is the General Contractor in a breach of contract

In the contract it states that we should be given 48 hour notice if the General Contractor decides to go with a different company. (So we are allowed to remove our material or get paid within 48 hours so they can keep it) Well they gave us notice at 4:15pm and had workers on our job site the next... Read more »

D. Mathew Blackburn answered on Sep 22, 2017

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... Read more »

2 Answers | Asked in Real Estate Law, Construction Law and Environmental for Colorado on

Q: Do my parents have legal grounds to withdraw from a contract with a Home Builder if know of a potential health risk?

Two weeks ago, Weyerhauser, who provides the floor joists, reported fire retardant spray mixture is new and is causing a noxious out-gassing. The floor joists are installed, drywall complete, wiring, plumbing, heating and A/C ducting is installed. Toll Brothers has no remedy. They have closed the... Read more »

Tristan Kenyon Schultz answered on Jul 26, 2017

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.

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1 Answer | Asked in Contracts and Construction Law for Colorado on

Q: in Colorado, how much can a contractor charge above a written contract?

Tristan Kenyon Schultz answered on May 9, 2017

Repeat question. See prior answer.

1 Answer | Asked in Real Estate Law and Construction Law for Colorado on

Q: Realtor did not disclose the construction next door of over 200 homes shortly after we moved in, do we have recourse?

Construction started shortly after we moved in. Neighbor stated that they have known about the construction for two years. The HOA had sent a letter to everyone notifying them of the construction. I feel as though we should have been told. We are afraid that this will reduce our property value.... Read more »

Tristan Kenyon Schultz answered on Apr 29, 2017

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... Read more »

1 Answer | Asked in Construction Law for Colorado on

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?

We also paid additional to him in good faith. Still he hasn't paid the suppliers. We are in contact with them and trying to make it right for them.

Tristan Kenyon Schultz answered on Apr 12, 2017

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... Read more »

1 Answer | Asked in Construction Law for Colorado on

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.

We hired "Company A" to build a shop on our property. We were dealing the VP of Operation from "Company A". The VP hired a subcontractor to help with the job. Half way through the job the VP asked us (we have written proof) to make one of our payments directly to the subcontractor. The job was not... Read more »

Tristan Kenyon Schultz answered on Feb 22, 2017

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... Read more »

1 Answer | Asked in Construction Law for Colorado on

Q: i built a house for an owner/builder. did not receive final pay. am i considered day labor? all materials were provide

i wish to file a mechanics lien, and am aware of a four month time limit. being that all materials were provided by the owner/builder, would i be considered day labor? no contract was established and i billed by the hour for my work. thank you.

Tristan Kenyon Schultz answered on Feb 14, 2017

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.... Read more »

1 Answer | Asked in Construction Law, Contracts and Real Estate Law for Colorado on

Q: Hello, I'm seeking legal advice in regard to a roofing company that did property damage at my residence.

What type of Law covers these kinds of cases (homeowner vs. roofing company)? I'm looking at the website for BOCO legal aid for advice and am not sure which category to choose from? Thanks for your assistance.

Tristan Kenyon Schultz answered on Jun 19, 2016

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.

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