Colorado Construction Legal Questions

If you can prove that your builder either with knowledge acted to defraud you or negligently caused you damage based on the standard of a builder in a similar situation you should sue for damages.  Be prepared to spend more than $6,000 on the fight. A demand letter may help to convince your builder that it is not worth his time and effort to defend such a lawsuit and bring him to the negotiation table.... Read More

A mechanic's lien must be recorded within a few months of "the last work" or "materials delivered" to the job site.  Unless there are more facts to be considered you are outside of the window for filing a mechanic's lien.  However, this does not mean that you cannot bring a breach of contract or unjust enrichment claim. You should consult with an attorney to review your specific facts and determine your best course of action. I offer a free consult.... Read More

Your factual scenario is unfortunately common.  Yes, the sub-contractor may lien your home.  Yes, he should go directly to the prime contractor.   If you have not fully paid the prime you should wait until you receive formal notification of intent to lien before dealing with the sub-contractor so that you'll have documentation to cover any claim from the prime when he reappears at your door demanding full payment. You may want to consider hiring an attorney to deal with this for you as a protective measure.   Good Luck!... Read More

Base on your description the plan places you at significant risk.  By pulling the permits you are obligating to be the responsible contractor.  I would not count on the builder or subs indemnifying you if you are sued.  You should consult an attorney to discuss the specifics of this arragement and discuss methods of mitigating your risk.     Good Luck... Read More

Unfortunately, this is not that uncommon.  A homeowner pays the general contractor but later receives a lien notice.  Yes, if your home has been liened or if the contractor is now pursuing you for more than the contract amount you should hire an attorney to help you remove the lien and/or protect you from a money judgment. Good Luck,... Read More

From your description, it sounds like your claim may be barred by Colorado's statute of repose. With respect to claims for defective construction, C.R.S. sec. 13-80-104 states: "in no case shall such an action [i.e., a claim for defective construction] be brought more than six years after the substantial completion of the improvement to the real property." The statute does provide that if the claim arises in the fifth or sixth year after, the claim must be brought within two years of when you knew or should have known of the manifestation of the defect. If you do not know of the manifestation of the defect until seven years after substantial completion, the claim is probably barred. That said, for a claim exceeding $8,000, it may be worthwhile to consult with a plaintiff's construction defect lawyer to walk through the specific facts and dates pertinent to your situation.... Read More

The agreement between you and the contractor will be determinative.   If you do not have a written agreement, you will want to work with your contractor to prepare a written punch list and agreement which will govern how and when the remaining items will be completed and/or corrected prior to payment in full. With regard to the lien, C.R.S. § 38-22-128 provides that a person who files a lien for any amount greater than is due without a reasonable possibility that the amount claimed is due and with the knowledge that the amount claimed is greater than that amount then due, and that fact is shown in a proceeding under the mechanic’s lien law, forfeits all rights to the lien, and is liable to the person against whom the lien was filed in an amount equal to the costs and all attorney fees.  The obvious intent of this provision is to punish claimants who abuse the mechanic’s lien law. You may wish to retain an attorney in order to perhaps escrow money so that the contractor and you are comfortable with respect to how the matter will be handled and that the funds are in the hands of a party which will handle the funds according to an agreed set of instructions. Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it.  Furthermore, the response does not represent the opinions or views of LexisNexis or its affiliated companies. I hope this information is helpful. Kind regards,   Cyrus Rajabi... Read More

Depending on your contract, you may or may not have a right to withhold payment. If you do not pay the service provider, it may have a right to file a lien against your property. If it files such a lien, a files a lawsuit to foreclose on the lien, you would have a right to prove that there are deficiencies in the work and seek a setoff for the amount necessary to correct it. Obviously, litigation should always be the last resort. I recommend that you try to sit down with the contractor to work things out amicably. If that proves unsuccessful, you may want to consult with an attorney who specializes in both construction pay disputes and mechanics' liens. Depending on the amount in dispute, this may or may not be warranted. That said, if there is a lien placed on the property and the contractor sues to foreclose on the lien, you will more than likely want to seek legal counsel anyway.... Read More

The answer is, it depends. According to CRS 13-80-104, you have two years from when you knew or in the exercise of reasonable diligence should have known of the manifestation of the defect in construction to bring a claim against a construction professional. You can find a copy of the referenced statute at http://www.codla.org/secure/crs13-80-104.pdf.  If you recognized the manifestation of the defect upon completion, in June 2010, you may be out of time. If you recognized the manifestation of the defect within the last two years, you may still have time in which to bring a claim.... Read More

I hate to say that it depends, but it does. There are a lot of factors that go into the analysis, for instance, does the contract have a guaranteed maximum price or is it a cost plus fee contract? Were there unforeseeable changes in the scope of work or site conditions that caused the increased cost? Not knowing what the contractual arrangement was between you and the contractor, and not knowing the cause for the increased costs, it is difficult to determine whether you have a case to not pay any more. My suggestion would be to put together all of the paperwork you can gather between you and the contractor, including the contract, plans, communications, pay requests/invoices, and receipts for payment and schedule a meeting with an attorney who specializes in construction law to determine whether there is a legitimate case to not pay more. ... Read More

The 2011 Pikes Peak Regional Building Code contains which regulates the installation, relocation, placement, additions, alterations, remodeling, and repairs of manufactured homes (HUD code units), factory build homes (UBC/IRC code units) and factory built commercial buildings (UBC/IBC code units).  See section RBC 309 - Manufactured Building Code, et seq. With respect to manufactured homes, the code provides: RBC309.13 LOCATION ON PROPERTY.Manufactured homes and factory-built units placed on a permanent foundation shall be located in accordance with the applicable provisions of the Building Code and the Zoning Code of the Jurisdiction, as applicable. RBC309.13.1 Minimum Setback Requirements.Where property is not governed by zoning regulations or no specific setback requirements exist, the setbacks shall be as follows: RBC309.13.1.1 Manufactured Homes.1. Five (5) feet from the street, with no infringement into setback.2. Twelve (12) feet from an adjacent home, with no infringement into setback.3. Six (6) feet from property line. Note: No infringement is permitted, except that open carports and patio covers in accordance with the Residential Building Code may extend to within two (2) feet of the property line. RBC309.13.1.2 Accessory Structures.1. Five (5) feet from side and rear property lines.2. Twenty (20) feet from front property line. You may need to determine if your mobile home park is subject to zoning regulations or whether specific setback requirements exist. Consider discussing the situation with the Pikes Peak Regional Building Department,  (719) 327-2880.... Read More