I am a general contractor and I am working on a garage addition. The subcontractor I hired to do my concrete foundation work severely screwed up and I have already paid him all but about $5,000 of the signed proposal price. There are services that were paid for that weren't completely fulfilled and what was fulfilled was not correct. The building inspector failed us due to elevation not being appropriate. After being told they wouldn't have the time to fix their mistake for another week and at this point it was already 3 weeks I had to hire a different subcontractor to correct the foundation which required demolition of the freshly poured concrete. In order to complete the correction I had to pay some of my crew members to come in and help, paid for materials as well as delaying the completion of the project by at least 40 days. I have had no luck trying to speak to the subcontractor to regain some of the funds back that I believe is owed due to their lack of performance.
You have a claim for any consequential damages--costs you incurred--due to their work. This includes the cost of the new subcontractor, what you paid your labor, and may include delay costs depending on the contracts on the project.
Give me a call at our firm 888-989-1777 if you would like to discuss options further or to send a demand to the subcontractor.
As with any construction project - whether on the Western Slope or along the Front Range - the contract and the factual context will determine possible pathways toward an outcome/entitlement. There are a variety of legal theories in play with this or any construction dispute. Generally, it is best to fully exhaust pre-suit options to resolve the situation holistically taking into account all interested parties and issues including client/customer satisfaction and the net profitability of pursuing a particular legal strategy.