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Colorado Contracts Questions & Answers
1 Answer | Asked in Contracts, Estate Planning and Probate for Colorado on
Q: I am a heir and a beneficiary on my grandfather's will I was sent info on estate and have no clue on what any of it mea

I would like a lawyer to explain to me in layman's terms what's really going on with my grandfather's estate and my inheritance

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2021

Hire a competent CO attorney to look at the documents and give his assessment. You may need to examine the Probate Case File at Court, or at least call the Clerk.

1 Answer | Asked in Contracts and Employment Law for Colorado on
Q: Am I violating a non-poach if former coworker approached me?

I am in accounting and last week I left a job with a software company to join a hospitality company. A former coworker I used to supervise had asked when I was leaving where I was going. I told him and nothing else was discussed. When I started at my new company he texted me and said he had applied... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Aug 3, 2021

The answer to this question depends on the specific language used in your non-compete with regard to the solicitation of employees. If your former employer contends that you violated your agreement, you should reach out to a Colorado employment attorney for a consultation and review of your... Read more »

1 Answer | Asked in Contracts for Colorado on
Q: My 17 year old daughter signed a contract with a local gym without me knowing for 3 years. Is this legal?

She didn't like it and she felt like he was too pushy about it so she signed. what can i do as a parent?

Sabra M. Janko
Sabra M. Janko answered on Apr 26, 2021

A child can not sign an agreement. Depending on the circumstances the contract is void. However this is a contract questions which you should post in the contracts section.

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Civil Rights for Colorado on
Q: What can I do to be able to install a more suitable fence for my special needs child? When HOA has fence regulations.

I am purchasing my first home, after signing the purchase agreement we were told that HOA only allows a 4 ft fence. The fence is pretty climb-able and open so I was told we could add chicken wire. This still would not work for us because my 5 yr old special needs child is autistic/wanderer and can... Read more »

Donald C Eby
Donald C Eby answered on Mar 6, 2021

You may want to make a "reasonable accommodation" request to your HOA, if this is denied you'll need to get an attorney involved.

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... Read 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 Libel & Slander, Contracts and Criminal Law for Colorado on
Q: A delivery person forged my signature on a home delivery. Can I sue? If so, how do I proceed?

I ordered a $3000 computer from Amazon. It was delivered today. I needed to sign for it, so I made sure to be home. An hour ago, I looked outside and it was sitting on my porch. Checking Amazon, it said that I had signed for it, which I had not. Apparently, the delivery person forged my signature.... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 12, 2021

The purpose of a civil suit is to recover damages in order to make you whole. You've not articulated any damages.

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... Read 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.

2 Answers | Asked in Civil Litigation, Contracts, Criminal Law and Landlord - Tenant for Colorado on
Q: If you are renting from a landlord, and they have a "no guns" clause in their lease contract. What are some punishments?

I would love to know if their is a law against having a gun in an apartment complex that is private and has a no gun clause in the lease agreement. Are there any defense for having/using a gun (maybe not even firing it, but just drawing it to protect yourself/property/others in trouble). Would love... Read more »

Sean Maye
Sean Maye answered on Nov 25, 2020

I am not aware of any state laws that prohibit weapons in private residential complexes. That said, I find it highly unlikely given that the 2nd Amendment is a federal constitutional right - subject obvious regulation. There are defenses to having/using a gun but the defenses are very... Read more »

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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... Read 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.... Read more »

1 Answer | Asked in Contracts, Divorce and Family Law for Colorado on
Q: How to take an ex common law marriage partner off your child birth certificate?

We were common law married only thing we had with each other is the birth certificate I want to relinquish her rights to my child and have sole custody but she can have visitation

Sabra M. Janko
Sabra M. Janko answered on Nov 16, 2020

You can file a motion for allocation of parental responsibilities to set forth custody, however you can not take a parent's name off of the birth certificate.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Colorado on
Q: Can property staff add rules not in the lease? Tenants now have to show ID to enter & exit the open layout apt. complex
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Oct 31, 2020

When you sign a lease it is common to have a provision that you will abide by the Association/Complex/Building Rules. These can be modified at any time without changing the terms of your lease. If the rules now provide that ID must be shown, then under the terms of the lease you must abide by the... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Is an HOA responsible for responsible to repair a sewage line that services only one unit?

My HOA is facing a dispute on who should pay for repairs on a home water drainage blockage. An owner had an issue in the drainage pipe inside their dwelling that led to a blockage in the main drainage pipe that services only their unit. The owner hired a cleaning service for their pipes and the... Read more »

Donald C Eby
Donald C Eby answered on Oct 24, 2020

The specific language of the HOA governing documents and the specific facts of the blockage and cause of the blockage will be determinative here. If the parties cannot come to an agreement involving an attorney may help to get this resolved or properly prepare the case for ligitagion.

1 Answer | Asked in Bankruptcy, Contracts, Banking and Collections for Colorado on
Q: If I was discharged from my bankruptcy and 1.5 years later the bank charges off my auto loan... Can my car be repo'd?

I filed a chapter 7 in 2/2019. It was discharged in 5/2019. During, I tried to reaffirm my auto loan ($48,000) so I could keep my car. Once the bankruptcy was discharged the guy at the bank stops negotiating. He then tells me he can't process the reaffirmation agreement anymore and to fill out... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 21, 2020

A Chapter 7 Discharge does not discharge a secured debt, up to the fair market value of the collateral. In other words, your bank has a lien on your car to the extent, and in the amount of, its fair market value.

But if the loan balance is greater than the car's value, so that there...
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1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: I have rented the same house for 7 years. We just signed a lease ending sept 2021. It just came to our attention that

the house is deed restricted and therefor the landlord is in violation of the deed restriction by renting the house out. He is putting pressure on us to buy and we are looking into it, but he says if we don't soon he will put the house on the market and we are going to have to move out. Is... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

Probably true. But you will need an attorney if you contest. Its a cost benefit analysis. To purchase, contest or move - those are the questions. If contest then see an attorney in the county where the property is located.

1 Answer | Asked in Contracts for Colorado on
Q: Can a person sue me/take me to court over a made up verbal agreement?

I am a dog breeder and used this person's stud. They wanted a puppy from the litter in exchange for stud service. They mentioned wanting a female or male. There was never once any mention of this being the pick of the litter puppy. Just a puppy. Now they are saying they were supposed to get... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 15, 2020

Who are the witnesses to the spoken agreement. Just you and the other person? Are there any who were nearby and heard or could hear the discussion? If its your word against her word then the court room presentation to a judge may turn on the difference in value between the "pick" and... Read more »

1 Answer | Asked in Business Law and Contracts for Colorado on
Q: Can a tenant get out of a commercial lease because of covid 19 if the business is suffering?

Also, can a tenant get out of a commercial lease for medical reasons?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 3, 2020

It will depend on the force majeure clause if any.

Really depends on what the contract says and the facts and circumstances involved.

Unfortunately you're going to most likely have to retain an attorney to review the contract and your situation to really get a clear answer...
Read more »

2 Answers | Asked in Contracts and Construction Law for Colorado on
Q: Can a contractor charge me additional money after I paid the invoice in full?

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.

James A. Greer
James A. Greer 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 »

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