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Colorado Construction Law Questions & Answers
1 Answer | Asked in Contracts, Banking and Construction Law for Colorado on
Q: I wrote out a painting bid proposal sheet and gave an estimate for work.to.be preformed. The bid asked for half pay

To start upon acceptance of bid. They called my business associate and said they accepted the proposal he then went down and got a check from the bank that wrote and signed the proposal for. He took the money and for the wro.g equipment for the job and pelht the rest of his money towards his... View More

James L. Arrasmith
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answered on Mar 2, 2024

When a bid for a painting job is accepted and payment is made, the expectation is that the funds will be used as agreed upon - to cover expenses related to the job, such as purchasing the right equipment and materials necessary to complete the work. Misappropriating these funds, especially for... View More

1 Answer | Asked in Contracts, Banking, Construction Law and Business Law for Colorado on
Q: I wrote out a painting bid proposal sheet and gave an estimate for work.to.be preformed. The bid asked for half pay

To start upon acceptance of bid. They called my business associate and said they accepted the proposal he then went down and got a check from the bank that wrote and signed the proposal for. He took the money and for the wro.g equipment for the job and pelht the rest of his money towards his... View More

James L. Arrasmith
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answered on Mar 2, 2024

In the situation you've described, where a business associate accepted a payment on behalf of your business for a painting job and then misused those funds, several legal and ethical issues are at play. Once a bid is accepted and a payment is made, the funds should be used as agreed upon in... View More

1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Door install still not finished and I have not paid fully. Can I never pay?

Door & Window install has been a bit of a nightmare. They have been terrible at communication. I paid a deposit on the job (~$2k) and still owe them the rest (~$4.5k). There are multiple issues with the door install that have not been fixed. They started in May 2023. Last I heard was maybe 2... View More

James L. Arrasmith
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answered on Jan 21, 2024

You make a fair point - if a contractor does not complete the work properly or to your reasonable satisfaction, they should not necessarily be entitled to full payment. Legally, you have a few options:

1) Set a deadline/ultimatum for them to fix the outstanding issues by a set date in a...
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1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: If I paid a contractor a deposit for a kitchen remodel and he used my deposit to fund other projects do I have recourse?

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

Michael Joseph Larranaga
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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

2 Answers | Asked in Contracts, Business Law and Construction Law for Colorado on
Q: If a contractor takes a job, and realizing its too big for for one man to accomplish safely after work has started.

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

Tim Akpinar
Tim Akpinar
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

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1 Answer | Asked in Consumer Law and Construction Law for Colorado on
Q: Hello I hired a contractor to demolish a trailer and haul it to the landfill about 1 year and 8 months ago.

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

Maurice Mandel II
Maurice Mandel II
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

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for Colorado on
Q: Contractor purchased materials on my CC, most never delivered/installed, he disappeared after demo, what is my recourse?

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

Ben Volpe
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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

1 Answer | Asked in Construction Law and Landlord - Tenant for Colorado on
Q: Hello what do I do if a former tenant has filed a false lien on my property

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

Michael Joseph Larranaga
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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.

2 Answers | Asked in Construction Law for Colorado on
Q: Can we sue a builder who refuses to fix a water drainage issue in our yard but fixed the same issue for our neighbors?

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

Jennifer L Roskamp
Jennifer L Roskamp
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...
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1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Im a contractor I have a contract with a homeowner, they want to cancel the contract how do we go about doing so?

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.

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Need help interpreting a construction proposal agreement

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

James A. Greer
James A. Greer
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

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Small Claims for Colorado on
Q: If a vendor/contractor damaged my property, can I claim against the person who hired the vendor?

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

Donald C Eby
Donald C Eby
answered on Apr 25, 2021

You should file that small claims action to force this to a conclusion more quickly.

1 Answer | Asked in Construction Law for Colorado on
Q: Can we sue a builder for not repairing siding that was not installed right if so what kind of lawyer do I need to get

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

Donald C Eby
Donald C Eby
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

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Colorado on
Q: If a homeowner was getting a really great deal on upgrades to his home and he breached contract

Can the person that provided the service sue for market value of work completed in the home.

James A. Greer
James A. Greer
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...
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1 Answer | Asked in Construction Law, Contracts and Employment Law for Colorado on
Q: Construction contract has been breached by made up unreasonable claim that job wasn’t done right what are my options

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

Donald C Eby
Donald C Eby
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?

1 Answer | Asked in Civil Litigation, Construction Law and Criminal Law for Colorado on
Q: Is there case law regarding 18-1-603

18-1-603 Complicity

Sean Maye
Sean Maye
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...
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1 Answer | Asked in Employment Law, Contracts and Construction Law for Colorado on
Q: If I agree to finish a basement for labor amount only can homeowner deny payment for claimed unsatisfactory work.

Do I lean for the market value of the job or just the defaulted contract amount remaining unpaid

Timothy Denison
Timothy Denison
answered on Feb 7, 2021

Lien up his house for the full amount owed and walk away.

1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Signed a contract with the homeowner for a remodel. He hired an unlicensed plumber to finish the job & refuses to pay

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

Donald C Eby
Donald C Eby
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.

1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Signed contract summer 2019 for home work to be done in 20 days. Can I cancel?

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.

Donald C Eby
Donald C Eby
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.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Colorado on
Q: Contract/money exchanged for a remodel project with ho-owner in Early September. HO wants to now cancel and get refd

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

Donald C Eby
Donald C Eby
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

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