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Can I be back charged by the Contractor without being approached or given the opportunity to complete the repair first?

Colorado

I'm a subcontractor working a a roof on a mall. Some ceiling tiles got wet during the re-roof process. The Contractor just went ahead and replaced the ceiling tiles and never approached me or gave my company the opportunity the make the repairs ourselves. doesn't Colorado law allow the subcontractor first right to correct? The contractor is trying to back charge me for repairs they made, but had never approached me about?

1 reply

Oct 22, 2021

There is no law that allow the subcontractor the first right to correct. This is a right that should have been provided in your contract so review your contract. If you don't have that there, make sure to talk to a construction attorney to make sure you have proper terms to protect you in these circumstances. There is a notice of claim process but that relates to notice prior to filing suit not notice related to repairs. 

Try to resolve this with the contractor. If that goes nowhere and this is over a fairly substantial amount, then talk to a construction attorney after you review your contract as to dispute resolution provisions. If your contract is silent as to dispute resolution, you could consider small claims if the damages are under $7500. 

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