i have interior window trim that varies as much as 1/2".
1 reply
Jun 26, 2019
This is a good question. In order to determine remedies or get a contractor back to do touch-up work, you need to know what they were supposed to do in the first place.
In Colorado, a contractor or subcontractor only has a duty to perform in a workmanlike manner. This means that a contractor or sub does not need to achieve perfection, or even guarantee the results of his/her services. The work must rise to a certain level, however, to avoid giving rise to liability.
As noted above, workmanlike construction does not guarantee perfect construction by the builder. In order to determine whether the work is appropriate, Colorado examines the work on a case-by-case basis - there is no bright-line rule that states, for example, that interior trim is accomplished in a workmanlike manner if gaps do not exceed 1/4" or something similar. Colorado courts have held that, "[f]or construction to be done in a good and workmanlike manner, there is no requirement of perfection; the test is reasonableness in terms of what the workmen of average skill and intelligence (the conscientious worker) would ordinarily do." Shiffers v. Cunningham Shepherd Builders Co., 470 P.2d 593, 598 (Colo. App. 1970). [emphasis added].
While this doesn't necessarily point to a defect in the construction without further inquiry, if it can be shown that an ordinary worker would have performed the work in a more conscientious manner, the work may not have risen to the level of workmanship required in Colorado.