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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11636
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Under Colorado Law, if a contract exists between 2 parties

Customer Question

Under Colorado Law, if a contract exists between 2 parties whereby Party A will pay Party B $5000 to research, report and make recommendations on a specific issue; and the report is required to meet specific conditions under Colorado Law (e.g. The standard for making recommendations in this case is the “Best Interest Standard” (CRS 14-10-127 CRS 14-10-124). Fundamental approaches to the assessment were adhered to as outlined in CRS 14-10-129 (2)(c).)

If Reporting Party B submits a report that is wholly inadequate according to Colorado State standands, is Part A still required to pay given the failure to perform?

Is there any case file precedence available?
Submitted: 3 years ago.
Category: Legal
Expert:  lwpat replied 3 years ago.
Followup questions WILL be answered if my first answer is acceptable. Subscription customers. An ACCEPT is credited to me but you are not charged.

Was the Party B selected by the court and was the evaluation court ordered?
Customer: replied 3 years ago.
Yes, Party B is a Child Family Investigator (CFI) and was appointed by the court. However, the submitted report by Party B did not address any of the CRS conditions required ( e.g. zero percent addressed). This required a second CFI to be appointed to resolve the CRS issues.

I am refusing to pay the first CFI (Party B) from a "failure to perform" perspective; Party B is threatening collection agency action.

Expert:  lwpat replied 3 years ago.
That is what I thought but thanks for the fact that a second CFI had to be appointed. I agree with you but the question is whether you ended up using any of the report or not. In other words, did you pay the second CFI less. If so, you owe the first one the difference and could offer that as a settlement. If that does not work, the only way is to sue him in small claims court and let a judge decide.
Customer: replied 3 years ago.

This does not answer the question. The Second CFI wsa full price and did NOT rely on any of the first CFI efforts...it was a completely clean slate. The issue is, the first CFI report, did not comply with any Colorado statuatory requirements.

 

I am not satisfied with the answer. I asked for a HIGHLY DETAILED RESPONSE.

Expert:  Andrea, Esq. replied 3 years ago.

Hi, and Welcome to JustAnswer,

 

My name is XXXXX XXXXX I am a licensed, practicing attorney and will help with your question

 

If a party is contracted to perform something pursuant to specifications, whether it is the other party's requirements, or the requirements of law, if that party does not perform pursuant to those requirements and such nonperformance makes his report unacceptable to the Court, and another individual must be paid to perform according to those specifications, then the first party who was engaged cannot be paid and such party cannot seek payment.

 

 

 

Please press "ACCEPT" so that I may receive credit for assisting you

 

BONUS is always appreciated

That is the only way I get paid

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

 

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