Legal Question in Construction Law in Colorado

Can an owner sue a subcontractor? We had no contract with the owner, just a verbal contract that we would draw up home plans for the contractor. The owner backed out of the project and now he is trying to recoup his funds that he paid the contractor that then paid us for the drawings. The project and plans was never completed yet they took the plans to an architect who told them the plans were only 25% complete. Which is bogus. So they are asking for 75% of their money back.


Asked on 4/11/11, 7:29 am

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

The answer to the �can I be sued� question is always the same: Yes. What you need to determine is how to answer a suit, what defenses to make, and who to hold responsible if you are not directly responsible for the claims. Your goal as the defendant is to get in a position to hopefully remove yourself from the suit, win a motion for summary judgment, or have as many defenses available to reduce your possible liability.

I assume that you have been served with a complaint. Depending on the court, you have a few weeks to respond. This response must be considered very carefully or you will throw away a great deal of options and rights. If you have not already done so, contact an attorney to review the facts and determine your response. Ideally the attorney will represent you in the suit (if this suit is against an entity, this may be required) or, at a minimum, they can help you with how to respond to the complaint.

Good luck and make sure to respond correctly and in the time required or you face a default judgment.

This answer is for informational purposes only and is not legal advice regarding your question. This answer does not establish an attorney-client relationship.

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Answered on 4/13/11, 8:05 am


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