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Colorado Contracts Questions & Answers

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

Q: Can a director who is paid a salary also work as independent contractor for the same company and be paid as such

A programs director for an agency that takes care of people with Developmental Disabilities is paid as a programs director but also serves clients from his agency and is paid as independent contractor for serving the clients in his house

D. Mathew Blackburn answered on Jun 17, 2019

Yes, but the differentiation in roles and the basis for contractor treatment should be documented and retained for audit and an independent contractor agreement should be signed.

1 Answer | Asked in Estate Planning, Contracts and Probate for Colorado on

Q: how Much time does an executor have to settle the estate?

My grandparents died 5 years ago and had a house out of state that hasn’t sold. It is listed online as “off market” and we still have not received the inheritance from the executor. Do they have a time limit on when this needs to be paid out? It’s been 5 years and it still is not settled.

Bruce Alexander Minnick answered on Jun 17, 2019

There is no set time for an estate to be wound up and paid out; it depends on the size of the estate and other factors. The executor (or personal representative) of a last will has a fiduciary responsibility to protect the assets entrusted to them and to insure that everything is done legally so as... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on

Q: He is named on the lease but I am not. He moved and I continue to pay rent online. What are my legal obligations?

I have been paying the rent in my name for the entire year. They have not said anything about it. His lease ends in 6 weeks and I am moving out at the end of his lease. If he comes back to live here and does not pay money for future rent can I be taken to court for eviction/ or sued for anything in... Read more »

Donald C Eby answered on Jun 9, 2019

If you are not on the lease you have no obligations to the Landlord.

Good Luck!

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Contracts for Colorado on

Q: Looking for a Civil Attorney. Left leg amputated. Not get a fair trial exculpatory evidence held from the jury.

Timur Akpinar answered on Jun 9, 2019

It looks like you are seeking an attorney for what appears to be an appeal matter. Do not wait to be contacted by attorney. That isn't the way this board works. It is for posting legal questions. You can seek out attorneys, but you can't sit and wait to be contacted by one based on a post.... Read more »

1 Answer | Asked in Contracts for Colorado on

Q: What do I owe the plumber if I cancel the excavation contract within the 3-day cancellation period?

Company "A" came out to look at a plugged floor drain. They couldn't snake it so then upped the cost from 99 to about 600 to pull the toilet and snake the main line and send a camera down. They hit a block just outside the foundation. told me I had to excavate at about $6000. I hesitantly... Read more »

Bruce Alexander Minnick answered on Jun 6, 2019

I was following your facts and though I had a response, but you threw a curve which interrupted my plans. So let me try to get back on track.

1. You are making the right decision to pay the first plumber $2,000 because they can probably impose a lien for more.

2. Stop obsessing...
Read more »

1 Answer | Asked in Contracts for Colorado on

Q: Is it legal for a homeowner to sequester materials/tools left on a jobsite until the dispute w/contractor is resolved?

I am having hardscape (flagstone) work done at my house. The contract calls out certain inclusions (mesh, compaction, fill etc.) that are not being used. I have asked to meet with the company owner several times to no avail. I have informed him that his workers are not allowed onsite until we... Read more »

Bruce Alexander Minnick answered on Jun 5, 2019

I am not licensed to practice law in Colorado, but after 41+ years of practicing law in Florida my gut instinct is to answer your question with a definite no. Notwithstanding your unhappiness with the quality of workmanship provided by the contractor, unless you have some legal authority to... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on

Q: My previous landlord charged me a fee for not paying rent on time on my last month before the lease was sch. to end.

The rent WAS paid on time and can be shown in my banking records. I refused to pay this fee, they insisted and eventually got an eviction notice from a judge, which I never recv'd notice until it was too late to go to eviction court. I am going about this by myself with little practical legal... Read more »

Bruce Alexander Minnick answered on May 27, 2019

Nice set of interesting facts--but what is your question?

2 Answers | Asked in Contracts and Real Estate Law for Colorado on

Q: If a seller agent misrepresents portions of a builder contract on a sale, can buyer cancel and have earnest returned

1. Buyer did not know deposit was listed as non refundable and seller agent presented contract on a way that made it seem as thought they had a 30 day review period to terminate and receive funds back, was also represented that HOA doc concerns were included as termination right under 30 day review... Read more »

Donald C Eby answered on May 26, 2019

If seller (or seller through is agent) misrepresented the terms of the deal or otherwise mislead you into signing a contract you may have a right to terminate and demand your earnest money back.

But, your rights will be dependent upon your ability to prove the misrepresentation. I...
Read more »

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2 Answers | Asked in Civil Litigation and Contracts for Colorado on

Q: Do new owners take over existing contracts from old businesses?

We signed a contract for some kitchen remodeling and put around 2000 down. Franchise got sold and new owners are saying they don’t have to honor the contract. Can someone help me?

Donald C Eby answered on May 1, 2019

Maybe. Someone has an obligation per the contract, either the buyer or the seller depending upon the specifics of the transaction and your contract.

You should have an attorney review your contract and likely send a demand letter to other contractor.

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1 Answer | Asked in Consumer Law, Contracts, Copyright and Employment Law for Colorado on

Q: Hello, I want to know if I can create an app that gives people dating advice & helps them update their profiles?

I was wondering if it’s illegal to create an app that gives people dating advice, as well as help people get their online profiles up to date and make them more presentable for the type of person that they’re looking for. I would state that I’m not a therapist or anything like that. But was... Read more »

Bruce Alexander Minnick answered on Apr 18, 2019

If you undertake this plan without having the input of at least two lawyers you will probably regret it. This situation is one that brings to mind the ancient warning: "If it looks too good to be true, it probably isn't."

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

Q: Who is responsible for intentional mechanic fraud. The owner or insurance company

We took a jeep to a mechanic to get it modified. We agreed on price and completion date. We paid him. The completion date was two weeks. Two weeks passed and it wasn't finished and we were never contacted. We contacted them days later. We were given several more completion dates which were not... Read more »

Bruce Alexander Minnick answered on Apr 7, 2019

Unless the mechanic has performance liability insurance (very unlikely) you will have to sue the mechanic. Very easy to do; collecting on a judgment later is very hard to do.

2 Answers | Asked in Civil Litigation and Contracts for Colorado on

Q: Are colorado and/or US citizens governed by foreign law

Bruce Alexander Minnick answered on Apr 4, 2019

Yes, but only if the Colorado or US citizens are within the jurisdiction of the foreign nation, or have agreed to be governed by foreign laws.

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1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on

Q: Received written and signed lease break fee and now they are requesting more, is that legal?

We gave 60 day notice and Manager typed up and signed a document stating that we gave 60 days and what our lease break fee would be a total 3530.00. After move out, our final bill came with an additional 1760 (additional month rent stating it was a charge from previous concession). We broke our... Read more »

Donald C Eby answered on Mar 15, 2019

The lease is the controlling document, how ever good or bad it is. Neither party has a right to unilaterally change the terms.

Good Luck.

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

Q: My ex property management screwed me over and come to find out I’m in debt and robbed me. Nobody can seem to help me.

I had a contract with my ex property management which stated the tenants who live at my home were supposed to be responsible for damages they caused to my home and the tenants were supposed to switch the metropolitan water, sewer and trash to their name and they never did. She robbed me and nobody... Read more »

Donald C Eby answered on Feb 15, 2019

You should initiate a breach of contract suit in Small Claims Court.

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 Banking, Contracts and Real Estate Law for Colorado on

Q: Closed on re-finance last night. Was called today and told underwriting is voiding the loan. I have a signed agreement.

I have 3 days to rescind the deal. Does the mortgage company have the same opportunity in Colorado? I have not received any funds. The funds were scheduled for transfer 3 days after closing. Do I have any re-course?

Donald C Eby answered on Jan 25, 2019

It depends on exactly what the loan docs say. You may want to have an attorney review the loan docs and potentially help you with a demand letter or law suit.

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

Q: Can my company put moving expenses that they paid for into my yearly income for tax purposes?

At the beginning of the year, I accepted a job for a company that offered to relocate me. I moved from San Diego to Denver. They paid for everything: household goods, vehicle transportation, temporary lodging, etc. I did not see a single contract or receipt for any of those expenses. They were paid... Read more »

D. Mathew Blackburn answered on Dec 27, 2018

Yes, under the Tax Cuts and Jobs Act relocation expenses are now taxable to the recipient whether paid on their behalf or given to the employee in cash.

You also cannot deduct these expenses on your personal return unless you fall within a specific military exemption. This all went into...
Read more »

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

Q: Is joint tenancy the same as right of survivorship and do quitclaims within the group change the conveyance upon death?

My understanding of Colorado law is that only the last sole survivor of a joint tenancy can be the grantor of property to a beneficiary upon his/her passing. But if one or more original owners quitclaims their portion to others within the original group of joint tenants, does the right of... Read more »

Donald C Eby answered on Dec 16, 2018

The chain of title will need to be examined to definitively answer your question.

There is a likelihood based our the facts stated that the Right of Survivorship remains valid.

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 Contracts for Colorado on

Q: I have been renting with no written lease. Mid-month they want to raise rent & ask for $250 more for month already paid.

I have been at the same place for nearly 8 years. 7 months ago the property sold but we were allowed to continue with no rent changes. Then today the owners sent their foreman to tell me that the they wanted more for rent now and that I needed to pay the difference for the month that I already paid... Read more »

Ashley Dean Powell answered on Nov 7, 2018

In Colorado, a verbal lease can be enforceable. Especially with a multi-year history, you probably have a standard of behavior and practices that have been developed by you and your landlord. For example, if you tend to pay once each month for a month of rent at a time, then you would probably be... Read more »

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