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Construction Law for Homeowners

Hammer & Wrench

We represent residential homeowners, commercial property owners, and tenants making improvements to their spaces navigate the ins and outs of construction and understand the law applicable to each situation. When looking for an attorney for construction-related issues, make sure you hire lawyers experienced in construction law. At Sullenberger Roskamp PLLC, our extensive experience representing clients from both the contractor and owner perspectives allow us to objectively and realistically value cases and guide you through the process.

CONSTRUCTION DEFECTS

MECHANIC'S LIENS

CONSTRUCTION CONTRACTS

Locking Pliers

CONTRACTOR DISPUTES

Wall Demolition

POOR WORKMANSHIP? SHODDY CONSTRUCTION? DAMAGE TO PROPERTY? LOSS OF USE OF PROPERTY? 

Construction defects can be devastating to any homeowner, especially when you've just spent your hard earned money to remodel or build your dream home.

 

Contracts may be responsible for the costs of repairing shoddy work and other damages to your property that resulted from the contractors work.

CONSTRUCTION DEFECTS

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WHAT IS A MECHANIC'S LIEN? 
 

A Mechanic's lien is a lien granted by statute in Colorado that gives construction professionals who supplies labor, materials, equipment, machinery or services which enhanced the value of your property. 

A contractor must follow with a series of steps before filing a lien against the property and liens can only be filed within a limited timeframe. 

IS A CONTRACTOR THREATENING TO PUT A LIEN ON YOUR HOUSE? DID YOU GET A LETTER IN THE MAIL STATING A LIEN WILL BE FILED AGAINST YOU?

Many contractors may try to file a mechanic's lien against your property for construction related work. Mechanic's liens can be scary, but we can help navigate the process and explain to your options and defenses to protect your property and get your project back on track.
 

IS THE LIEN SPURIOUS? IS THE LIEN EXCESSIVE? DO YOU THINK THE LIEN IS WRONG? DOES IT CLAIM YOU OWE THEM MORE MONEY THAN YOU THINK IT OWED? DID YOU PAY THE CONTRACTOR IN FULL?

A contractor can file an improper lien. We can help you evaluate the lien decide if you may be entitled to pursue a claim agains the contractor for an invalid or improper lien. If the lien is improper, you may be entitled to sue for your costs and attorney fees. 

MECHANIC'S LIENS 

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CONSTRUCTION CONTRACTS &
Pre-Construction Issues

CONSIDERING A REMODEL? NEED TO HIRE A CONTRACTOR, NOT SURE WHERE TO START?

  • Protecting yourself when hiring a contractor is an important and necessary part of any construction project. 

  • Before you sign anything, make sure you know what you are and are not signing.  

Our attorneys will meet with clients and go through a construction contract explaining each provision and it may be applied for or against. you.  Our services generally include revising the contractors agreement to clearly define each parties' responsibilities, allocation of risk, payment terms and project timeline. We can also work directly with the construction professional to discuss the proposed contract changes and negotiate any disputed terms. 

Even if you've already hired a contractor or signed a contract, we can help navigate the process and ensure that your rights and objectives are protected. 

Hammer & Wrench

 10 Pre-Construction Topics to Discuss with a Contractor:

Having been involved in resolving construction related disputes, these are the top 10 items to discuss with a construction professional.  Knowing how to deal with these provisions beforehand can help avoid significant disputes and project delays so your project can get done!

If you have questions on how, call our office for a consult.  Spending the time and upfront can save you thousands in attorneys fees on the back end...

01

Contractors Fee: is the contract a "cost +" or "fixed-cost" agreement?

02

Scope of Work: are all parties on the same page, who is providing materials?

03

Payment Terms: when and how much do you need to pay the contractor? 

04

Project Timeline: When will work start? When will it be completed? 

05

Subcontractors v. Employees: who will general contractor hire to perform the work? 

06

Insurance: does contractor have proof of insurance? 

07

Lien Waivers & Accounting: what documents are required before payment is due? 

08

Disputes: how will the parties resolve a dispute during the project? 

09

Attorney Fees: Does the contract have an attorney fee clause? 

10

Arbitration: Does the contract require disputes be submitted to arbitration? 

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DISPUTES with CONTRACTORS?

Do you feel like you've been taken advantage of? Has the contractor left the job incomplete? Is the contractor demanding more and more money? 

Disputes are bound to arise during a construction project. We can help you efficiently resolve many issues that can arise during a construction project, including payment disputes, contract disputes, damages, shoddy construction work, unlicensed contractors, permit issues, inspection issues, design issues, mechanic's liens, bonds, delays, materials, change orders and many other issues.

Hammer & Wrench

PROJECT DELAYS: 

What is an Unreasonable Delay?

Is your construction project taking forever? Is your project still incomplete after the promised completion date?

 

Contractors may be responsible for expenses and damages you've had to pay when the project is still ongoing past the promised date. Not only can we help get your project complete but our attorneys can help recover the costs and damages you've suffered by the contractors delays.

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Image by Tingey Injury Law Firm

CIVIL THEFT 

Are you getting calls that a subcontractor is owned money? You you getting calls about a supplier wanting money for materials they provided for your home? Are you getting notices threatening to put a lien on your property? 

In construction cases, contractors who steal your money or don't pay others he directed to work on your project may be liable for theft.  These claims carry attorney fees and are subject to treble (or triple) the amount of damages recovered at trial.

 

If a homeowners pays a contractor up front for the construction project, they may be responsible to keep your money in trust, or separate from other money. The purpose of this rule is to protect the homeowner, and prevent a contractor from spending your money on other projects.  In these situations, contractors have a duty and to ensure your money is kept safe, provide full accounting records to the homeowner, and pay all subcontractors, laborers and suppliers who perform work or delivered materials for your project. 

FIRING YOUR CONTRACTOR: 

Can I Fire my Contractor?
What Happens After I Fire my Contractor?

Not all construction projects go as planned. When issues arise, you may need to think about terminating your contract and firing your contractor.  If you are thinking about firing a contractor you may have questions about what happens next. Some issues that may arise include: 

 - Do I have to pay my contractor more money after he is fired? 

- Can my contractor sue me if I fire him?

- Does my contractor have to give me my plans or materials that were purchased for the job?  

- Can the contractor put a mechanic's lien on my project? 

 

Knowing the answers to these questions will depend on the contract and other factors. Our attorneys can review your case and let you know the best and worst case scenario and develop a plan to address these and any other issues that may come up.  

Image by Artem Maltsev