Get free answers to your Construction Law legal questions from lawyers in your area.
I contracted with a licensed company to repair and seal foundation cracks, insulate and encapsulate the crawl space of my home. They did seal a couple of cracks, but ignored others, they insulated the walls but not the rim joists. The plastic wasn't properly sealed and is coming apart in... View More 
answered on May 8, 2024
This is exactly what your retainage is for. You can contract with the new company directly to complete the job, pay the new company, then give the old company notice that you are deducting the amount of that payment from your retainage. But, if the amount you pay the new contractor is less than... View More
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
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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... View More
I am the investor.
answered on Oct 4, 2024
I'd need a bit more information than what's here, but with new construction in particular, this issue would typically be covered by an express warranty if construction was completed, or potentially punch list if construction is just finishing. Absent an express warranty, or if it existed... View More
Plenty of information id rather not say online
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answered on Aug 5, 2024
To find a RICO lawyer in Denver, CO, you should start by contacting your local bar association. They can provide referrals to attorneys experienced in handling complex federal crimes, including RICO cases. Additionally, you might want to look for legal directories online that list lawyers by their... View More
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
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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
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
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.
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
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.
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