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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10049
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I hired a contractor for a job that was supposed to be

Customer Question

I hired a contractor for a job that was supposed to be finished on 7/29. It is now 8/6 and the work is far from done. He keeps missing agreed-upon verbal deadlines, showing up late, and doing sub-par work. I should also note that we are unable to move into our house due to the work not being done and dust being present everywhere. This is coming at great cost and distress to us. What are our options?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Colorado
JA: Have you talked to a lawyer yet?
Customer: No, not yet.
JA: Anything else you think the lawyer should know?
Customer: Just that he hasn't fulfilled his contract in any way. He is perpetually late. He never follows through on what he says he will do. He dodges questions, etc.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

Were there deadlines set forth in the contract for various stages of the project? Was there a time is of the essence clause?

Customer: replied 1 year ago.
There was only a final deadline of 7/29, which has been missed. There was no time is of the essence clause.
Expert:  LegalGems replied 1 year ago.

Thank you; it makes it more difficult when there is not time is of the essence clauses; however if it can be proven that the delays are due solely to the contractor's inaction (as opposed to weather/equipment/shipment delays) then the court does have the ability to consider it a breach of contract. The homeowner can consider a material breach a repudiation of the contract, and can then hire a third party to complete the work and request the amount charged by the third party contractor as damages.

It is best to give a contractor a final date by which work must be completed, detailing all of the delays and the fact that there was no justification for the delays.

For amounts less than $7500 small claims is appropriate

otherwise general civil court would be required. Because the process is more difficult it is best to hire an attorney to draft the custom documents and to help navigate through the system. If the contract provides for attorney fees, this also can be requested.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!