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what if the contractor did not use a full contract/agreement form?

My house was damaged in a hail storm last summer. A general contractor came to my door soliciting the repairs, before the insurance had been here to assess. We had already contacted another contractor and was on the fence about who to hire. This contractor said he would work the deductible into the quote/bid, which is the reason we decided to use them. There were numerous repairs, including new roof, paint, windows resealed, replacing patio canopy. They did the roof and then said they did not want to finish the rest. Told me to get other contractors to finish. I did have other contractors come bid and there is not even close to the amount needed to have other contractors finish the repairs after giving them what they say I owe for the roof. He denies telling me they would absorb the deductible. I have two witnesses who were present when he made the statement. We have been going back and forth for a year now. All I wanted them to do was to complete the repairs they agreed to do. They refuse. I sent them the written bids from other contractors. Of course, they put a lien on the property. Do they have to fulfill the agreed upon repairs before the contract is fulfilled?

1 reply

Jul 14, 2020

If a contractor has failed to perform the scope of work in their contract, that would likely put them in breach of the contract. And, if that's the case, they may be liable for damages caused by their failure to perform - like the cost of the replacement work. So, disputing their lien on that basis might be a worthwhile route. Regarding the mechanics lien - note that if it's been over a year since the dispute, the lien claim is likely not valid. For one, Colorado's mechanics lien deadline is generally 4 months after the last date when labor or materials were provided to the job. And, liens filed after that date will likely be invalid and unenforceable. Additionally, even if the lien gets timely filed, the lien claimant must enforce their lien claim within 6 months of when the project was completed or when the last labor or materials were furnished. So, again - if they stopped work over a year ago, and if their lien hasn't been enforced, that lien would likely be expired and unenforceable. Of course, there are a lot of factors that could influence this dispute one way or the other. So, consulting with a local Colorado construction lawyer could be really useful in determining what rights you have and how you should proceed in this situation. For help finding the right lawyer: Find a Colorado Construction Lawyer. Finally, this article may be helpful too: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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