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... Read more »
answered on Sep 28, 2022
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... Read 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.
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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?
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... Read 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... Read 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... Read 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.... 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.
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.... Read 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... 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 »
answered on Jul 6, 2020
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 »
answered on Jul 3, 2020
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 »
answered on Jun 6, 2020
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 »
answered on May 8, 2020
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
answered on Feb 10, 2020
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 »
answered on Nov 2, 2019
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.
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