It has come to light that over a month after the deposit was paid, the contractor has dispersed none of the funds provided to him by us toward our project. No work has been done and no materials acquired. The contract was signed July 16th of 2023 and contract stated work would be completed by... View More 
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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
This is my first excavation job. Sewer line in alley was originally located 6' deep, ended up being damaged all the way to city tap which is 13' deep. After replacing the damaged pipe, encasing in concrete, backfilling, replaced roadbase, and asphault. A week later the utility company ran... View More
answered on Jun 17, 2023
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
He charged me $3,000 and asked for cash I paid it. Then I hired him to install a water line he asked for $5,000 down out of the $8k bid to install. it took him 1yr 8mo to finish I assumed I only owe him $3k but he just sent me an invoice asking for $6k more for the water line and $3k more for the... View More
answered on May 28, 2023
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
I hired a GC & signed a contract to remodel my bathroom. I have not received a copy of this contract despite asking every day. The contract stipulated an est of $15k-a $4k deposit & $4k upon completion & I would pay for materials. The GC showed references & licensing info & they... View More
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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
We moved into a new build home last September and immediately ran into drainage issues in our backyard. When we asked about the issue with standing water, we were told the grade had been certified and they wont do anything for us. We later found out that our neighbors had the same issue and the... View More
answered on Sep 28, 2022
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
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
my former tenant has falsely filed a lien on my property - claiming to have done $21,000 worth of work over a time of 5 years. What he is claiming is based on no consent to do work, no estimate, no contract and no invoice. He is mad because I had to repeatedly told him to get out. He has... View More
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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.
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
I'm a commercial tenant in a mall struggling to open a small business in the midst of this pandemic. A neighboring shop owner in the mall hired or asked a vendor/contractor to remove some equipment from her shop and he took a piece of my equipment valued at $1,300. When he returned it, it was... View More
answered on Apr 25, 2021
You should file that small claims action to force this to a conclusion more quickly.
We had a home built and finished in July of 2019 and when we moved in we talked to the builder a bout this and they sent a rep from the siding company and they said it needed to be replaced due to not being installed the right way. Well the builder keeps sending people out to look at it but nothing... View More
answered on Mar 19, 2021
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
Can the person that provided the service sue for market value of work completed in the home.
answered on Feb 26, 2021
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
Homeowner is refusing to pay the labor contract for the completed basement. Double standard on only agreeing to pay labor amount for contract limiting profitable margins and now has a livable space that’s worth around 120k. Contract breach amount is 12k and I’m wondering if I can sue for... View More
answered on Feb 17, 2021
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?
18-1-603 Complicity
answered on Feb 11, 2021
The answer to your question, in short, is YES.
The legal data search engines reflect approximately 198 cases with headnotes interpreting and analyzing CRS 18-1-603. This makes sense given how convoluted arguments/defense on complicity can be. They have been been subject to a wide range of... View More
Do I lean for the market value of the job or just the defaulted contract amount remaining unpaid
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... View More
answered on Jan 12, 2021
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.
answered on Nov 25, 2020
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... View More
answered on Nov 22, 2020
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.... View 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.
answered on Sep 1, 2020
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.... View More
They tell me I need to pay 650 dollars to make our home legal. We have a coo.
answered on Aug 26, 2020
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... View 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... View More
answered on Jul 6, 2020
If the contract has an arbitration clause initiation arbitration is you next step.
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