It sounds like you're in a very frustrating situation. Given the details you've provided, it appears that the contractor may not be acting in good faith. Here are some steps you can take to address this issue, options you have, including possible claims you could bring:

1. Document Everything: Keep a detailed record of all communications, promises made, payments, and any work completed so far. This documentation is important if you need to take legal action and you're attorney will be glad you have it.

2. Send a Demand Letter: Draft a demand letter outlining the issues, your expectations for resolution, and a deadline for the contractor to respond. This letter should state that you will pursue legal action if the contractor does not comply. It is typically more impactful if it is drafted by an attorney, but there is no legal requirement to do so.

3. File a Complaint: If the contractor is licensed, you have the option to file a complaint with the Colorado Department of Regulatory Agencies (DORA).

4. Consider Small Claims Court: For disputes involving smaller amounts of money, small claims court can be an efficient way to recover your losses. Depending how many thousands we are talking about, this may or may not be an option for you.

5. Possible Legal Claims: Here are some potential legal claims you could bring against the contractor. (Disclaimer, there could me more claims, and not all of these will apply to your situation. That's why it is important to speak to an attorney about your case.):

   • Breach of Contract: The contractor agreed to build and deliver your kitchen cabinets but has failed to do so within the agreed timeframe and has stopped communicating. This failure to perform can be considered a breach of contract.

   • Fraud: If you believe the contractor never intended to complete the work and only took your money under false pretenses, you may have a claim for fraud. Fraud claims can be complex, so it is important that you have a good factual basis for your claims.

   • Unjust Enrichment: If the contractor has taken your money and has not provided the promised services or materials, you can claim unjust enrichment, seeking the return of your money.

   • Consumer Protection Act Violation: If the contractor’s actions are deemed deceptive or unfair, you may have a claim under Colorado's Consumer Protection Act.

   • Civil Theft: You may have a claim for civil theft if it can be proven that the contractor intentionally deceived you with the intent to permanently deprive you of your money Dunwody v. Vision Enters., 2020 Colo. Dist. LEXIS 1648. This could potentially allow you to recover treble damages, or three times the amount you have lost.

6. Potential Criminal Violations: Based on the circumstances, there could also be potential criminal claims. Here you would need to speak with the police or district attorney.

7. Hire an Attorney: If the amount of money involved is substantial, or if the contractor continues to evade responsibility, you may need to hire an attorney to pursue these claims. Our team at Robinson & Henry, P.C. is experienced in handling these types of cases and can guide you through the process. If you would like to speak to an attorney please call us at (303) 688-0944.

For more detailed information and resources, please refer to our Bad Contractors Resource Guide.

Good luck in a difficult situation. Far too many homeowners have found themselves in the same situation as you.