In the State of Colorado, if the owner of a property hires a contractor to do work on their property, they will most likely enter into or sign a contract that outlines the terms and conditions of the services, work, or repairs that are to be completed.
In addition to this information, a contract for work, services, or repairs will usually include:
- A description of the service, work, or repair;
- An estimate of what it will cost to complete the repair, work, or service;
- A deadline for when the repair, work, or service should be completed.
If the contractor fails to fulfill their obligations under their contract, the property owner can file a lawsuit in court. Some issues that can cause an owner to file a lawsuit in court may include:
- Not completing or performing all of the services or work required under the contract;
- Missing a deadline or multiple deadlines;
- Not completing the job or service satisfactorily;
- Completing the work or service in such a way that violates local zoning ordinances or safety standards;
- Taking advantage of the property owner, such as by accepting money or deposits but not completing the service or work;
- Overcharging the property owner for services, repairs, or work completed.
If an owner has to file a claim against a contractor, it will usually be filed in a local civil court. If the owner believes they may have to file a lawsuit against a contractor from Colorado, it is essential to first consult with a local attorney in Colorado.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
There are many different types of claims that can be filed against a contractor. There are, however, some that are more commonly filed than others, such as:
- Contract fraud
- Breach of contract
- Defective construction work
Contract Fraud
If there is a party to a contract that knowingly or purposefully makes a claim that is false and is intended to trick another party into signing the contract, contract fraud is committed. Contract fraud commonly occurs when the contractor states that a specific material or type of material will be used, for example, a premium fixture, knowing that they will be installing a fixture of much lower quality.
Breach of Contract
A breach of contract claim may arise if one of the parties does not or cannot fulfill their obligations under the contract. Contractors can be sued for breach of contract under the following conditions:
- They do not start the work, service, or repair;
- Missing a deadline or deadlines;
- Not fully completing the work, service, or repair;
- Not using the construction materials that were agreed to.
This type of claim can be used by the property owner to recover monetary damages or compensation for the unfinished or improperly completed work, service, or repair. The contractor may be required to provide a refund for the work not completed or pay for another contractor to complete the work.
Defective Construction Work
Defective constructor work, or work that includes a construction defect is some type of issue with the design or construction of a structure that results from the contractor’s failure to construct or design either in a reasonable manner or in accordance with a buyer’s reasonable expectations.
Additionally, this may include issues that reduce the value of the property or structure. Common examples of types of defects that can form the basis of construction work lawsuits include:
- A construction deficiency: This type of deficiency can result from poor workmanship and may include electrical or plumbing issues.
- A design deficiency: This type of deficiency can include the roof not being built to code, which can result in inadequate support or water intrusion.
- A material deficiency: This type of deficiency can include inferior sheetrock being used in known areas that are damp.
- A subsurface deficiency: This type of deficiency can include a home being built on a hill or other unstable condition without any mitigating measures.
Can I Sue a Contractor Without a Contract?
An owner might be able to sue a contractor without a written contract between the parties. This can be done when an owner is able to show that an oral contract was formed.
A common example of this is when a contractor does not complete a job, such as only painting 60% of the exterior of a home. When this occurs, an owner may be able to enforce the oral contract for the completion of the remainder of the work.
If an owner is successful, the contractor may be required to provide the owner with a partial refund for the 40% of the work that was not completed. Generally, the plaintiff, or individual filing the claim, will be the party who has to show that the contractor had agreed to perform the service or work.
How Do I Sue for Breach of Contract?
Before a party decides to sue for filing a breach of contract, they should review any contract or other documents they signed to determine whether there is any part of the contract that governs how a dispute has to be resolved. There are some contracts that require parties to use arbitration, or other alternative dispute resolution means to resolve any type of dispute.
The contract may also have a time limit or procedures that must be done before the claim can be filed in court. A plaintiff will have to provide specific elements to have a successful breach of contract claim, such as:
- A contract was entered into;
- That contract is valid under the contract laws of Colorado;
- The plaintiff fulfilled their obligations under the contract even though the contractor did not;
- The breach was a material or substantial violation of the contract terms and not just a minor technical error;
- The losses the plaintiff suffered were caused by the breach, and they can be calculated with a reasonable degree of certainty.
How Much Does It Cost to Sue a Contractor?
The cost to sue a contractor will vary depending on several factors, such as the amount of damages the plaintiff is requesting or the amount in controversy. Suing a contractor for poor workmanship on a smaller job or repair is likely to cost less than suing the contractor in a civil court for a major issue, especially when an owner has legal representation.
It is essential to have legal representation when suing a contractor because it can be a very complicated and stressful procedure, especially on top of the stress of renovations or other incomplete work on a property. Having a lawyer’s representation will be advantageous because of their training and knowledge of the law, as well as construction and building codes.
What Is the Statute of Limitations for Contract Disputes?
A statute of limitations is a time limit in which a party must file a legal claim in a court of law. If the individual does not file their claim within the required time, the claim will be dismissed, and they will not be able to recover any damages. Examples of statutes of limitations for written contracts across different states include:
- California: 4 years
- Colorado: 3 years for most, although there are exceptions
- Florida: 5 years
- Indiana: 10 years
- Maryland: 3 years
- New York: 6 years
- Texas: 4 years
- Wisconsin: 6 years
Do I Need an Attorney for Suing a Contractor?
If you are considering filing a lawsuit against a contractor in Colorado, it is very important to consult with a Colorado contract lawyer first. Your lawyer will be able to provide an analysis of your claim and advice on how to proceed with your case.
Your attorney will review any documents or contracts that you signed and give you advice on the laws of Colorado and their requirements. Having legal representation will ensure that you get the best outcome possible in your lawsuit.
LegalMatch is a great resource to find a Colorado lawyer who can start working on your lawsuit against a contractor. All you have to do is submit your question or issue on the website for free and await responses from attorneys ready to help, which should come in around 24 hours.
