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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Colorado Real Estate. A remodel job was supposedly finished

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Colorado Real Estate. A remodel job was supposedly finished on Sept.2ed. The contractor remanded payment that day. We notified them there was a list of incomplete items. The agreement, that they wrote, states payment is due when the job is completed satisfactory (sic). Initial attempts to negotiate and review the issues were rebuffed and they filed in small claims court 2 days later, on the 4th. This question relates to how quickly this was filed. My mortgage allows 15 days grace, as do credit cards. Is there an issue related to their filing that we refused (their words) payment only 2 days after they claimed they were done?

Thank you for your question. Please permit me to assist you with your concerns.

That is not a violation to file so quickly, but it will affect their case. The reason is because filing suit should be the 'last resort' for all the parties to the suit. Filing has to take place after reasonable efforts to get the issue resolved are taken. Likewise, if there are reasonable issues or damages, the parties DO have to work together and make repairs, that is a duty that contractors owe to the party especially if there is a 'satisfaction guaranteed' clause. Consequently when you go t court, you can claim that the filing and refusal to repair was a 'bad faith' breach by the other party in this instance, and therefore is something that you are not liable if they failed to make repairs.

Hope that helps.

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