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What are my rights as a consumer in Aurora, CO as far as contractors not being in contact for months after signing contract contract signed in June 2023, partial payment to be made when shingles arrive, I reach out to contractor in september and he reaches out in October, misses two more deadlines, for a new roof from a hail claim then promising two more deadlines and then roofing my home, no notice given to me that they even started, has never collected payment. After roof went on, I never heard from the contractor again, and he was supposed to also paint power wash and paint my house and replace the gutters and skylights cause the skylights were cracked from hail and nothing he wouldn't respond to me at all finally, I said, I will never accept another referral from my friend again, and he finally got back to me and said I never said I would do all that and I was like oh my God you're one of those contractors and he said OK let me see what I can do. He said he was waiting on the insurance to approve it, but my insurance had already told him that they were only gonna pay a certain amount of money And so he hired painters and the painting crew broke into my home cause it's a vacant house and I'm remodeling the inside and I had tools in there and I'm a painter and I had my nail gun taken and they broke my overhead garage door breaking into my house. They were in my house for two days and I didn't even know it. They bent my security bar in my sliding glass door when they forced that door open, they drilled out the lock in the door going from my garage to my house. The gutter people left all my old gutters in the yard. The roofing people were using my neighbors yard to go back-and-forth and they pulled the fence down in between us and they left other trash over at my neighbors and they were even my neighbor even sent me a picture of one guy with the leaf blower blowing all the materials off into his yard. They never even asked if they could use his yard And my house was left unsecured as well. I filed the police report and the police officer said that they're just trying to make it money and they probably weren't up to anything any mischief you can take them to civil court but he wouldn't even come out so now it's been a year and four months since I signed that contract and the contractor somebody different not the person I worked with has been hounding me to get payment and I'm like I haven't even heard from you guys and what how are you gonna address all these other things but I cannot find my copy of the agreement and on the agreement. The guy had the other contractor had written in The stuff that they would do I said well what if my insurance company doesn't cover that part of the claim and he said they always do and if they don't, then we'll cover it because that's our fault. But now they are holding me accountable for the whole thing I've never even been compensated for the break-in. My mother was on hospice care here at my home. I moved in with me the last six months and they keep hounding me for payment and I'm like you know you guys have been MIA for a year and now my mom is on hospice. I'm not talking to you guys at all until this is over and so I'm supposed to talk with them today my mother passed away couple weeks ago. Call me while I'm in meeting with Chaplin.! I reported them to my insurance company, but they can't do anything
Oct 15, 2024
Contractors
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

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.

Disclaimer
The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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