What kind of legal issues do you see most often in construction projects right now? – Volpe Law LLC

Posted September 10, 2025 in Media

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Construction disputes in Colorado often center around non-payment issues. So that means a contractor not paying a subcontractor or a homeowner or a property owner developer not paying a contractor of any sort. Another issue that often comes up during those same payment disputes might be a construction defect type claim. You know, somebody’s complaining that the work done by another contractor or person on the project was done negligently, terribly, needs to be redone, is causing damage to

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the building, etc. Breach of warranty. After a project’s done, a certificate of occupancy is issued. You have a building owner, homeowner contacting the builder to fix little things that kind of fall apart after natural settling of the project. And, you know, warranty claims come out. you may have a lengthy six or 10 year structural warranty. The last thing that I want to highlight that is a very common one that we’re seeing more and more frequently is trust fund violations. A trust fund violation

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really is a huge risk for a contractor. It means that you failed to hold funds, disbursements of funds in trust to pay your subcontractors on the project. You may have misplaced or just can’t account for what where the funds went. You could be exposed to felony kind of theft type claims. You can be exposed to civil theft, triple damages, and attorneys fees.