Client Wins $300,000 Judgment Against Contractor

Robinson & Henry’s knowledgeable attorneys give their professional insight in “From Our Perspective,” where we take a closer look at successful outcomes achieved for our clients. 

In this episode, Robinson & Henry Litigation Partner Christopher "Kit" Davlin discusses a client’s nightmare kitchen remodel. What started as a dream kitchen renovation ended with burst pipes, cracked custom countertops, extensive water damage, and a lengthy legal battle. 

After a Colorado couple refused to accept shoddy workmanship and intimidation from their contractor, Davlin helped them secure a nearly $300,000 judgment.

The case highlights an important lesson for Colorado homeowners: when a contractor's work falls below professional standards, state law provides a path to hold the contractor accountable.

Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Facts are those of an actual Robinson & Henry litigation case. 

The homeowners hired a contractor to complete a full kitchen remodel at their log cabin home, along with plumbing upgrades and additional improvements. Initially, everything appeared to be on track.

Like many homeowners, they relied on the contractor's promises and expertise. The project was completed, payment was made, and they believed they could finally enjoy their newly renovated space.

That confidence didn't last long.

Almost immediately after the project was finished, serious problems began to surface. Plumbing fittings failed, causing water damage throughout portions of the home. The custom wood countertops began to split and crack. Additional inspections uncovered improperly installed cabinetry, code violations, and permitting issues that extended far beyond cosmetic defects.

The homeowners soon realized they weren't dealing with a few minor repairs. They faced tens of thousands of dollars in damage from defective construction.

When the couple contacted the contractor, they expected him to stand behind his work. Instead, the situation quickly deteriorated.

Rather than repairing the defects, the contractor demanded additional money to correct problems he had created. He also threatened the homeowners and made deeply inappropriate comments during the dispute.

At that point, the couple turned to Robinson & Henry for help.

Construction defect claims in Colorado are governed by the Colorado Construction Defect Action Reform Act (CDARA), which establishes a process for resolving disputes before litigation becomes necessary.

The process generally begins with a formal notice to the contractor identifying the alleged defects. Contractors are given an opportunity to inspect the property and propose a solution before the matter proceeds further.

Many disputes end during this stage when reputable contractors acknowledge the problems and agree to make repairs.

That wasn't the case here.

According to Davlin, the contractor chose to fight at every step of the process rather than work toward a resolution.

As litigation moved forward, the legal battle became increasingly contentious.

Davlin said the contractor repeatedly failed to cooperate with the discovery process, refused to produce documents, changed attorneys during the litigation, and failed to comply with court orders.

Those actions ultimately worked against the contractor.

“When a court sees people acting in bad faith, they tend to put down the hammer on that,” Davlin said.

After extensive litigation, the homeowners prevailed.

The court awarded more than $220,000 in damages, along with attorney fees, pre-judgment interest, and post-judgment interest, bringing the total judgment to nearly $300,000.

For the homeowners, the outcome represented more than financial compensation. It validated their decision not to absorb the cost of the contractor's defective work.

“They got everything that they were looking for from the case,” Davlin said. “We had to fight the whole way to get this done.”

Many homeowners assume that a disappointing renovation is simply an unfortunate risk of homeownership.

Davlin says that's not the case.

Colorado law requires contractors to perform work in a workmanlike manner and comply with applicable building codes and permitting requirements. When they fail to meet those obligations, homeowners may have legal remedies.

“Homeowners should know that Colorado has laws that will protect them,” Davlin explained. “They are not required to just put up with bad work, shoddy construction.”

Documenting problems early, communicating concerns in writing, and speaking with an experienced construction litigation attorney can help preserve those rights before defects become even more costly.

For this Colorado couple, standing up to a contractor who refused to accept responsibility resulted in a judgment that helped make them whole. Their case is a reminder that while home improvement projects don't always go according to plan, homeowners aren't powerless when contractors fail to deliver on their promises.

If you're dealing with defective construction or a contractor who refuses to make things right, don't wait to understand your legal options. Contact Robinson & Henry for a consultation and protect your future. Book online or call 866-932-0646.

Read this video’s full transcript:

Question: Kit, thanks for joining me today. Tell me more about your clients and why they reached out.

Kit: The clients in this case were a lovely couple who had a beautiful log cabin home, and they had hired a contractor to come in and do a full kitchen remodel and some other work too, some plumbing and couple of other things. In this case, the clients had gotten through their kitchen remodel and they thought everything was done.

And then as soon as it was finished and they had paid the contractor, the contractor’s work started to fail. The piping burst, the custom countertops that he had built cracked and were bad. They called him in. Hey, can you come back and repair this? At this point, instead of doing the right thing, coming back and repairing what he had done, he took the exact opposite tact.

He threatened them. He told them that he wanted the wife to go jump off a bridge. So unfortunately, then they had to come to us. And that was when I got involved in the case. 

Question: And you touched on it a little bit, but how extensive was the damage that was done to this home? 

Kit: There were tens and tens of thousands of dollars of damage, the water damage from the burst fittings, the custom countertop, which had been a centerpiece of their home, was the wood was just utterly splitting. It was unusable. The cabinets that they put in were not properly done, and all of it had permitting and code issues. 

Question: And even after the clients had paid the contractor, he was asking for more money, is that right? 

Kit: Yes, he made demands for an excessive amount of money just to fix the work that he had done wrong. This isn't extra repair work that you would hire a plumber to come in and do that.  This was the work that he had installed incorrectly and the damages that arose from that work. 

Question: And how did the contractor's actions affect the legal process? What was your strategy to overcome that? 

Kit: Colorado statutes are very protective of homeowners and of contractors. They allow a process where we send out a demand letter. A homeowner notifies the contractor that they have problems with the work that was done, and they make a demand for what can be done to fix it.

Here, the contractor decided to fight the whole way, so that was why we were involved. We drafted the CDARA letter, and then from the beginning he was threatening to the clients. He decided that he would be, he tried to counter sue them, which was not at all effective. 

And in the end we were awarded damages in excess of $220,000 plus our attorney's fees, plus interest, both pre and post judgment.

Question: And as you mentioned, what was ultimately what was the outcome in this case and what was the client's reaction? I'm sure a big sigh of relief. 

Kit: Absolutely. They got everything that they were looking for from the case. We had to fight the whole way to get this done. And that fight involved. The contractor refused to turn over documents.

The contractor changed lawyers within the within the suit. The contractor was refusing to comply with court orders. And that contributed to the fight that we had with the with the contractor. And then also it contributed to the judgment against the contractor. When a court sees people acting in bad faith, they tend to put down the hammer on that.

Question: You've handled a lot of cases like this. How common are these types of cases in Colorado? 

Kit: Colorado has a lot of contractors who do wonderful work and who stand behind what they've built. On the other side, you've got contractors who are not qualified to do the work that they say they're going to do, who don't pull permits, who don't build things up to code.

And that causes problems. Not just right then, not just with the work that's being done on your house, on your kitchen remodel, or on your bathroom, or on your back deck. 

It causes problems in the future because now your deck wasn't permitted properly, and now you have to deal with that with the next owner, or you have to deal with that with the city or with your HOA.

Question: Utimately, what should homeowners know about construction defect claims in Colorado? 

Kit: Homeowners should know that Colorado has laws that will protect them. They are not required to just put up with bad work, shoddy construction. They have a right to have things built to what we call a workman like standard. And that seems like a low floor. And it kind of is.

You don't always get A+ work, but if they haven't built it up to code, if they haven't pulled the proper permits, if they aren't licensed to do the work that they say they're going to do, then you need to hold them accountable, and that’s what we do.