Sounds like a complex set of facts! Under Colorado law, as a consumer, you do have rights and protections regarding contractors, particularly if they have failed to perform or caused damage during the project. I'll provide a brief overview below, and you can find more information in our bad contractor article. Here’s how you can approach this situation:
1. Breach of Contract: Contractors must fulfill the terms of the agreement they signed. If they miss deadlines, fail to communicate, or do not complete the work outlined in the contract, this can be considered a breach of contract. Colorado law allows you to take legal action for breach of contract if the contractor fails to meet their obligations, especially after significant delays like those you’ve experienced. Your first step would be to review your contract and correspondence with the contractor. A contract can be a single writing, a series or writings, or an oral agreement.
2. Consumer Protection: The Colorado Consumer Protection Act (CCPA) protects consumers from deceptive trade practices. If the contractor misrepresented the scope of the work or promised to cover costs that were not approved by the insurance company, they may have violated the CCPA. Additionally, failure to properly secure the house during the roofing and painting process, resulting in a break-in, may be considered negligence.
3. Workmanship and Damage: Colorado law also requires contractors to perform work in a competent and professional manner. The damage caused by the painting crew breaking into your home, as well as the harm done to your neighbor’s property (e.g., pulling down the fence, leaving trash), can be grounds for a legal claim. You have the right to seek compensation for damages caused by the contractor or their workers.
4. Payment Disputes: You are not required to pay for work that was not completed according to the terms of the contract. Since you have concerns about the contractor’s failure to complete the agreed-upon work (e.g., painting, power washing, gutters, skylights) and the break-in that occurred, it would be reasonable to consider withholding payment until these issues are addressed.
5. Civil Remedies: You can file a civil lawsuit for breach of contract, negligence, and potential violations of the CCPA.
If you would like to talk to one of our experienced bad contractor attorneys, please contact us at (303) 688-0944.