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 »
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.
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.
Likely, yes you have a basis to claim that the contractor has breached the contract and demand a return of your payment and damages.
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 »
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 »
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.
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 »
They tell me I need to pay 650 dollars to make our home legal. We have a coo.
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 »
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 »
If the contract has an arbitration clause initiation arbitration is you next step.
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 »
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 »
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 »
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 »
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 »
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.
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
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 »
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 »
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.
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... Read more »
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.
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.
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 »
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.
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 »
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 »
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 »
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.
It is LLC I own 59percent just the 2 of us as members just don't want to be left holding the bag
You should contact an attorney to discuss the process of dissolving the LLC and review the debts to determine your personal liability.
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.
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.
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?
Generally the General Contractor has direct privity of contract with the Subs and is thus responsible to pay them.
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 »
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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