Suing a Contractor For Poor Workmanship: Legal Actions

When you hire professionals to work on home improvement projects, the expectation is that you will receive quality results that will enhance your property’s value and livability. After all, every Colorado contract includes an implied duty of good faith and fair dealing, giving both parties a reasonable expectation of cooperation and mutual benefit. Unfortunately, a contractor’s inadequate work or poor execution can derail the project. If your contractor’s actions deviated from the contract and undermined the integrity of the project, you may have a poor workmanship legal claim in Colorado. 

You shouldn’t be responsible for the cost of fixing your contractor’s mistakes. If you’re considering suing a contractor for poor workmanship, this article will offer valuable insight into what a poor workmanship lawsuit in Colorado entails. 

Poor construction workmanship is generally seen as the contractor’s or subcontractor’s failure to complete a task according to industry standards, resulting in property damage. 

Unfortunately, contracts don’t always specify work quality standards, leaving it up to the homeowner to make their case based on the following criteria: 

Did the Work Meet Professional Standards?

Contractors and subcontractors, including builders, roofers, flooring installers, electricians, plumbers, and licensed tradespeople, are expected to adhere to the industry-specific standards of their respective trades. State and local regulations, licensing requirements, and manufacturer installation instructions define acceptable craftsmanship.

If you think your contractor’s work isn’t meeting industry standards, get a second opinion. I encourage you to have an inspection, as the findings will be useful if you have to pursue legal action. 

Was the Work Performed Properly?

Meeting professional standards requires contractors and subcontractors to adhere to specific protocols. Rushing the job, skipping important steps, or ignoring the manufacturer’s instructions can lead to costly defects later. 

Suing a contractor for poor workmanship in Colorado requires you to show that mandatory procedural steps were ignored. When documented, this type of deviation from standard practice can be used to prove negligence. 

Were the Correct Materials Used?

Another sign of poor workmanship is if the contractor you hired is using cheaper, flimsier materials than those specified in your contract. This rarely bodes well for you or the contractor. Breach of contract is generally easy to establish if the materials are in your agreement. 

Be sure to gather evidence of material substitution or the use of substandard materials to bolster your case.

As the old adage goes, a picture is worth a thousand words, but visual evidence becomes invaluable when proving poor workmanship. It can be worth even more when determining damages.

Hopefully, you have taken photos and videos of the problems, such as:

• leaking pipes

• loose floor tiles

• exposed electrical wiring

• a crumbling rock wall

• loose cabinets

• mold and rot from leaks

Texts and emails are good supporting evidence. They are an indisputable record of time-stamped communication between you and the contractor. Notes of phone calls and face-to-face conversations, as well as a journal of the project’s progress, can also substantiate your claims.

If a construction litigation attorney determines your case warrants filing a poor workmanship lawsuit for contractor breach of contract, they will draft a written notice of claim. In Colorado, the Construction Defect Action Reform Act (CDARA) allows the contractor to inspect their work and either offer to repair the defect or refund your money.

CDARA mandates that:

• You send the contractor a demand notice alleging poor workmanship.

• The contractor has 30 days from the date of notice to inspect their work.

• After the inspection, the contractor has 30 days to propose a fix or a refund.

• You have 15 days to accept their offer. You can reject it by not responding.

• You have to wait 75 days after sending the demand notice to file a lawsuit.

Note: A court will halt any construction-related lawsuit filed before meeting CDARA’s notice of claim requirements.

What if You Can’t Wait 75 Days to Fix a Problem?

It’s not always prudent or safe to put off fixing defective construction work. However, if you send a notice of claim to the contractor and then repair the problem before they can inspect it, you may commit “spoliation of evidence,” which can hurt your case. Documentation and visual evidence are critical to protecting your claim. 

Courts might understand why you jumped to fix a serious problem like leaking pipes, exposed wires, or a leaking hot water heater. So get pictures or video before fixing it. Also, get a written statement from the professional who fixed the problem attesting to the shoddy work and explaining why repairs couldn’t wait.

For a poor workmanship claim to proceed, you’ll have to provide a descriptive list of the alleged defects. You have 60 days from the date the lawsuit begins to file this list with the court and the contractor. The list can be amended if new defects become apparent.

Your contract may require mediation before litigation can proceed. If that is the case, your attorney will represent you during the negotiation to try to reach a favorable settlement.

In Colorado, you can only recover actual damages in most construction-related lawsuits. While you’re not likely to be compensated for pain and suffering or awarded punitive damages, you can recover attorney fees and legal costs if your contract calls for it.

Colorado keeps it simple: Construction professionals must reimburse you for the cost of either repairing the problem or completing unfinished work. Damages are calculated as the lesser of:

• the fair market value of the property without the defect

• the replacement cost

• the reasonable cost to repair the defect

Special Damages and Limitations

You may be able to seek treble damages under the Colorado Consumer Protection Act (CCPA) if you can prove, by clear and convincing evidence, that your contractor engaged in deceptive trade practices. 

To successfully claim damages under the CCPA, you must demonstrate that: 

• the contractor engaged in an unfair or deceptive trade practice

• the practice occurred during the course of the contractor’s business

• the practice significantly impacts the public (you) as a consumer

• you suffered an injury to a legally protected interest

• the deceptive practice was the cause of your injury

If you can prove these points, C.R.S. 13-20-806 allows for three times the amount of actual damages and attorney fees, up to $250,000.

Important note: If you perform the repairs yourself, you forfeit most other potential damages except the cost of materials not included in the original job. 

Many issues can lead to a poor workmanship claim, and Robinson & Henry’s attorneys have experience with all of them. We can help you decide if suing a contractor for poor workmanship is the best option for you, or if your case has entered into construction defect territory. Call 303-688-0944 or schedule a consultation online with one of our experienced bad contractor attorneys in Denver or Colorado Springs.