If you are dealing with a bad contractor in Colorado, begin by documenting the problem carefully. Preserve written communications, take photographs and videos of defective or unfinished work, keep payment records, and avoid making impulsive decisions that could complicate a later construction dispute.
Problems with contractors commonly involve poor workmanship, unfinished work, unauthorized change orders, construction delays, building-code violations, payment disputes, defective construction, or a contractor abandoning the project. The steps you take early can have a significant effect on your ability to recover damages or resolve the dispute.
1. Document Defective or Unfinished Work
Strong documentation is often critical when a homeowner has a dispute with a contractor.
Take Photos and Videos:
Photograph defective, incomplete, or damaged work before repairs are made. Where possible, preserve dates and take photographs from multiple angles.
Put Communications in Writing:
Use email, text messages, or written correspondence to document complaints, promises to repair, scheduling issues, change-order disputes, and payment demands.
Keep a Project Timeline:
Maintain a record of important events, including payments, missed deadlines, inspections, failed repairs, contractor communications, and when particular defects first appeared.
This evidence can later be important to a construction attorney, engineer, building inspector, mediator, arbitrator, or court.
2. Review the Construction Contract and Your Legal Rights
Review the written construction contract, proposal, estimate, change orders, and other agreements to determine what work the contractor promised to perform and whether the contractor may be in breach.
Important provisions may address:
- Scope of work
- Project deadlines
- Payment schedules
- Change orders
- Warranties
- Termination rights
- Dispute-resolution procedures
- Attorney fees
- Mechanic’s liens
Even where the contract is incomplete or unclear, Colorado law may provide additional protections.
Implied Warranties:
In some residential construction situations, Colorado law recognizes implied warranties relating to habitability, code compliance, and workmanlike construction.
Negligent Construction:
Depending on the circumstances, a homeowner may also have a negligence claim for defective construction. Colorado courts have recognized negligence claims against builders for certain latent construction defects, even where the homeowner was not the original purchaser.
Construction Trust Funds:
Under C.R.S. § 38-22-127, certain funds paid to contractors and subcontractors on construction projects are held in trust for payment of subcontractors, laborers, and material suppliers who may have lien rights. Misuse of those funds can create serious legal consequences.
3. Obtain an Independent Construction Inspection
If you suspect poor workmanship, structural defects, water intrusion, foundation problems, roofing defects, or building-code violations, consider having the work evaluated by an independent professional.
Depending on the issue, that may include:
- A licensed engineer
- Architect
- Building inspector
- Roofing consultant
- Building-envelope specialist
- Other construction expert
An independent evaluation can help determine whether the work complies with the plans, contract, building code, manufacturer requirements, and accepted construction standards.
For significant construction-defect claims, an expert inspection may also help identify the cause of the problem and estimate the cost of repair.
4. Be Careful About Online Reviews During an Active Contractor Dispute
Homeowners are understandably frustrated when a contractor performs defective work, fails to finish a project, or demands additional money.
But posting an angry review while a dispute is still developing may create additional problems.
Defamation Claims:
A contractor may respond to an online review by alleging defamation or business interference, particularly if the review contains accusations that go beyond provable facts.
Preserve Your Credibility:
Emails, text messages, social-media posts, and online reviews may later become evidence in litigation or arbitration. Communications that are factual and measured are generally more useful than emotional accusations.
If a significant legal dispute is developing, consider speaking with counsel before making public statements about the contractor.
5. Understand Colorado’s CDARA Notice-of-Claim Process
If the dispute involves alleged construction defects, Colorado’s Construction Defect Action Reform Act, commonly called CDARA, may apply.
Before filing certain construction-defect lawsuits, a claimant generally must provide the construction professional with a written Notice of Claim describing the alleged defects. The process gives the contractor an opportunity to inspect the property and potentially offer repairs or payment before litigation proceeds.
The CDARA process can affect:
- The timing of a construction-defect lawsuit
- Inspection rights
- Repair or settlement offers
- Statutes of limitation
- Litigation strategy
Because deadlines and procedural requirements can matter, homeowners considering a claim for defective construction should evaluate CDARA before filing suit.
What If the Contractor Refuses to Fix the Work?
If a contractor refuses to repair defective work, abandons the project, demands unauthorized additional payments, or otherwise fails to perform the contract, the homeowner may have several potential remedies depending on the facts.
Those may include claims for:
- Breach of contract
- Defective workmanship
- Breach of warranty
- Negligent construction
- Recovery of repair costs
- Recovery of amounts paid for incomplete work
- Claims involving mechanic’s liens or unpaid subcontractors
Before terminating the contractor or hiring someone else to complete substantial corrective work, it is often wise to document the existing condition and review the contract and legal options.
Speak With a Colorado Construction Attorney
Sweeney Construction Law represents homeowners in disputes involving bad contractors, defective construction, poor workmanship, unfinished work, construction delays, payment disputes, and construction-defect claims throughout Colorado.
If you are dealing with a contractor dispute and need help determining your next step, contact Sweeney Construction Law to discuss your options.
