Construction is a very litigious area of law in Colorado. However, many times simple disputes between a homeowner and contractor can be resolved in pre-suit negotiations. We are experienced in helping property owners and contractors alike work through the dispute to achieve a reasonable settlement, which can result in savings of thousands of dollars in attorney's fees for litigation. However, when negotiation and mediation fails, we are prepared to bring a lawsuit on your behalf and seek compensation for damages.
Some of the most common lawsuits between contractors and property owners involve breach of contract, breach of warranty, negligent construction, fraud, mechanics' lien foreclosure, unjust enrichment, and consumer protection issues. Other disputes often involve payment disputes between contractors and their subcontractors. If you have a construction dispute, Contact us to discuss your issue to evaluate potential remedies available to you.
A common dispute we see involves a property owner experiencing defects in a home they purchased from a builder after the build is complete. A construction defect claim can also arise after hiring any sort of contractor to work on a building and finding the work was done negligently. These disputes may also involve commercial buildings and often have many players in the litigation, from developers, to general contractors, to architects, engineers, plumbers, electricians, and subcontractors.
We have a wide swath of experience representing owners, developers, contractors, and subcontractors int these types of cases. If you have received a notice of claim letter or a tender of defense and indemnification letter, or otherwise have knowledge of impending litigation, do not hesitate. Give us a call now to discuss the process and what to expect. If you are a property owner, Contact us to discuss your options for remedying defective construction found in your home or building.
Construction Contracts - Review, Drafting & Negotiation
One of the best investments you can make is to have a lawyer review contracts before you enter into business relationships. If you have a construction contract or if you are considering hiring a contractor, please do not sign it or hire the contractor before having an attorney review.
Contact us to review any proposals and agreements before signing. The cost of a contract review and consultation pales in comparison to the tens of thousands of dollars you will spend in attorney's fees and costs if and when a dispute arises. It is important to ensure any contracts you enter into are well-drafted and protect you to the maximum extent possible.
Common Disputes in Construction
- design and construction defects
- defective workmanship and negligence
- unreasonable delays
- failure to provide project accounting and maintain accounts
- change order disputes
- failure to honor an express warranty
- project abandonment after receiving payment for work not performed
- contractor's failure to pay subcontractors
- invalid or fraudulent lien
- failure to understand a stipulated sum or lump sum contract