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I only signed contract with the contractor and he is bankrupt now. what should I do?
answered on Jan 10, 2023
Dear Owner with Subcontractor Lien: The threshold question for proper legal analysis pertaining to the Subcontractor is whether or not the subcontractor sent to you, or tried to send to you, a certified mailing containing the proper notice that is required prior to recordation of a lien (it's... View More 
If the time specified in section 1 passes and the landlord has not returned the security deposit or provided an itemized list of deductions, are damages and fees still deducted from the amount of 3x the original deposit?
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answered on Dec 29, 2022
Think of them as separate topics. The security deposit is meant to secure the performance of the lease. Once the time period has passed, the landlord forfeits the right to retain the security deposit. At that point, you have the responsibility to send the appropriate letters and bring legal action... View More
The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... View More
answered on Dec 4, 2022
You would have to reduce the cause of action to a judgement by filing a lawsuit and going through that process. This process will depend on the language in any contracts executed or if there was no contract the state procedural and conflict of law rules.
Once you have a judgement you would... View More
I've paid Rent to, hires a new realtor/management company 6 months into the year lease. I owe no obligation to the new realtor, because I never entered into a new contract w them?
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answered on Nov 9, 2022
That depends on the contract. Typically your duty is to the property owner but they have the option of hiring a property manager to act as their agent. If you are asking then that means there is a potential problem. You should contact an attorney to help you work through it.
Please be... View More
My wife and I moved out of our apt in Westminster, CO in 2020. We truly left the place significantly cleaner than it was when we moved in. They told us we would receive a fraction of our deposit. That alone can bring up another legal question in itself. We called so many times asking about when we... View More
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answered on Nov 9, 2022
There may be potential legal actions you can take. But you should call an attorney ASAP. If you are going on three years, there is a good chance you may toll under the statute of limitations meaning any claim you could bring you can no longer bring because you waited.
Please be aware that... View More
Currently, I work for a company as an HR representative that does not have any employees, but only independent contractors. The owner recently implemented a new policy. This policy includes some points that i believe teeter along the lines of formal employment. For clarification, these independent... View More
answered on Oct 23, 2022
Hello, your question is a very common one. This is not legal advice specific to your situation, but may be helpful as you continue to frame your question and seek a Labor & Employment Law attorney to help you.
In general, the IRS publishes a few resources to help businesses classify... View More
Acting as Durable POA for my incapacitated father, (with no limitations at all) - him being grantor of 1/2 a living trust within the family, I have been rejected 90% of the time I make a decision "as if I were him". Trustee will not respond to me at all or respect any of my father's final wishes
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answered on Oct 20, 2022
I think you need to determine if the trust is revocable or irrevocable. If it is an irrevocable living trust then you may not have the authority to do anything as that authority may rest with the trust administrator. I am in no way an expert in trusts but you may be able to find some information... View More
I'm just really confused and feel like my things are stolen/gone. Can't get ahold of customer service, and I have no email, post, or anything on their online account site showing any reason why my gate code shouldn't work. My next bill isn't due until next week. I even read... View More
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answered on Oct 19, 2022
Well, you may have a claim for breach of contract, conversion, and/or theft. It just depends on how the storage company responds and if you are in compliance with your contract. I would get in contact with an attorney to try to help to resolve the matter.
Please be aware that any answer is... View More
I have trust land and the tribes want to buy my interest and conveyance for something
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answered on Oct 19, 2022
Afternoon,
I think you need to get in touch with an attorney specializing in Indian law for your specific tribe. I used to work in oil and gas in a none legal capacity and know there are different levels of ownership within the tribe. I think it would depend if you are an owner, have a... View More
We got a reconciliation with amounts withheld much higher than expected, and the numbers are all even and round. We do not feel like this is the actual amount paid for any damages that he claims are beyond “normal wear and tear”
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answered on Oct 12, 2022
There are very strict requirements around security deposits. I encourage you to reach out to an attorney. If a security deposit is wrongfully withheld if may subject the landlord to treble damages plus attorney fees and cost. Like I said, it does not hurt to talk to an attorney.
Please be... View More
can seller just terminate the contract
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answered on Oct 5, 2022
I suppose I will answer the second question. It depends. While it is harder for a seller to terminate the contract, it is not impossible. It all depends on the contract. Because we cannot look at the contract, this question is impossible to answer. If the seller terminated the contract and you... View More
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answered on Sep 22, 2022
I would think that would depend on your contract and if they can link the damage to your use of the car. If the rat was already living in the car when you took it, is it really your problem? Depending on the amount, it may be worth talking to an attorney.
Please be aware that any answer is... View More
There are many dogs on that list now living in my complex. The office says the owners of those dog’s presented documents claiming the dogs are “emotional support “ animals and they are required to accept them. How is this not a breech of my lease which prohibits such dogs? Thank you
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answered on Sep 16, 2022
In many circumstances federal and state law trumps contract law. Contract law must live in the legal framework setup by both the state and federal governments. A personal contract typically cannot supersede a state or federal law unless the law allows itself to be superseded.
If a contract... View More
I started a new instagram account for my twin boys and have posted a video that reached 6 millions views in a week or so and a company contacted me to get a permission from me to share their video in their social media and I will get 60% and they get %40. So I just want to talk with an attorney... View More
answered on Sep 11, 2022
You are wise to check with an attorney before you sign anything that does not make sense. Generally, the person creating a video clip has an automatically-occurring copyright in that video. The automatic rights are harder to enforce or sell, but the maker of the video clip can register their rights... View More
I am opening a brick and mortar location in CO, with investors lined up. Naturally, they will request some equity in the company.
How can I setup a situation where I end up owning the overall brand, so that several years from now I can open additional locations in other states and/or... View More
answered on Sep 2, 2022
While this reply is not legal advice specific to your situation, the following generalizations may be useful to anyone opening a business in Colorado under circumstances similar to yours.
Selecting a business structure is a key business decision. Business structures can be changed over the... View More
The paper work for permits took longer then expected, there was a change order, and a deposit was put down from the homeowner. They want to cancel the contract and an itemized list of what was spent.
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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
Upon coming to that conclusion, he mentioned a "mean way" and a "nice way" to handle this. As an art gallery, we need to be careful how we move everything, so we need some time. He said the "mean way" would be their having "repossession trucks" come in with a... View More
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answered on Aug 23, 2022
Afternoon,
If you have a landlord threatening to remove items from a commercial space, you need to obtain an attorney right away.
In Colorado, we have the unlawful eviction statue otherwise known as C.R.S. 38-12-510. The statute prevents landlord from evicting tenants without... View More
The service with them has helped i just can't afford it every month and have a standing contract/payment plan with them.
answered on Jun 24, 2022
A Colorado attorney could advise best, but your question remains open for two weeks. It could be difficult for an attorney to offer guidance without seeing the contract's terms about termination, cancellation, refunds, penalties, etc. You could reach out to local attorneys to review the... View More
After project completion contractor want to charge extra for changes made during construction to meet code. The agreement states that "Any additions, alterations, or deviation to this proposal involving extra costs, will be executed only upon written orders and will become an additional... View More
answered on Apr 16, 2022
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
My payment is late. I will be able to pay on my payday (in 5 days). They said it will be cancelled on Jan 4.. Can they cancel me before finishing my claim?
answered on Jan 11, 2022
A Colorado attorney could advise best, but your question remains open for four weeks. As a general matter nationwide, the issue is generally whether the policy was in effect at the time of the accident, barring any special conditions stipulated by the carrier. Carriers can extend grace periods to... View More
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