Even when you think you’ve hired the right contractor, your project can still go south. When that happens, you’re left with a lighter wallet, a half-finished kitchen, and a burning desire for revenge. Read this article to learn more about how you can use the legal system to get revenge on a bad contractor.
From suing them to reporting them, you have a number of legal options to get back at a bad contractor. Let’s take a look.
Sue for Breach of Contract
If your contractor has failed to live up to the promises they made on your project, you may have a breach of contract claim.
Here’s how you prove that your contractor breached the contract:
- establish that a contract exists
- show that you held up your end of the contract
- demonstrate that the contractor failed to perform their obligations
- show you sustained damages due to the breach
Sue for Theft
The Colorado Construction Trust Fund Statute requires your contractor to hold any money you give them in a trust, and can’t use your funds for any purpose other than paying the contractors and suppliers on your job. The contractor must purchase supplies and pay subcontractors before covering their own overhead. Colo. Revised Statutes § 38-22-127
If your contractor fails to do this or misuses the funds in the trust, you may be able to sue them for this violation of the Colo Trust Fund Act, which is essentially theft.
If you have a strong case of a bad contractor violating the Colorado Construction Trust Fund Statute, a judge may award three times your actual damages and attorney fees.
Stop Paying Them
A breach of the contract occurs when one party fails to perform as obligated under the contract. This can be either through words or actions—or lack thereof.
If your contractor makes a clear statement that they will not fulfill their contractual duties, this may create an anticipatory repudiation of the contract and allow you to protect yourself from the impending breach of contract by excusing your obligations to perform and you may immediately act to recover damages.
Report Them to The Government
The Colorado Department of Regulatory Agencies’ Division of Professions and Occupations is responsible for managing licensing and registration for multiple professions and businesses. You can get revenge on a bad contractor by filing a complaint with DORA.
You can also submit a home repair fraud report to the Colorado Attorney General’s office.
Post a Review Online
Online review platforms are a quick, cost-effective way to get revenge on a bad contractor. You can use social media, online review sites, or community boards to provide detailed information about your experience with the contractor.
Online reviews, though, come with the risk of a libel lawsuit if you exaggerate the truth. So, stick to the facts in your review. If possible, provide evidence of the shoddy work to support your claim, such as photos.
Tap Their Bond
Some municipalities require contractors to purchase contractor license bonds as a condition of a license or a permit. These surety bonds are meant to guarantee compliance with all applicable laws and local ordinances governing the construction industry.
Essentially, the bond provides a means of compensating clients if the contractor violates the agreement.
For example, contractors in Denver are required to post a surety bond to ensure compliance with city public works ordinances related to certain projects that deal with public property, such as sewers and sidewalks.
Local contractor license and permit bonds are also required in Colorado Springs, Aurora, Pueblo, and Arvada.
You can sue the surety company that issued the bond to your contractor to recover damages.
We Can Help You Even the Score With a Bad Contractor
Unfortunately, bad contractors exist. The good news is that the R&H real estate attorneys can spot them from a mile away. We will assess your case and determine the best path forward to get revenge on a bad contractor. Call 303-688-0944 today to begin your free case assessment.