Legal Question in Construction Law in Colorado

Contractor walks out on job

We signed a contract with a contractor to add family room and kitchen renovation. A clause was included for $75 per day late fee after completion date of July 29th (It is now Sept. 16). The contractor has had many delays supposedly due to personal problems. He has not shown up in 2 weeks for the job or answered any of our calls, neither have the subcontractors heard from him. We are afraid that he is just dropping the job to avoid what will be 2 months of late fees. It's an $82,000 job and we have paid all except about $22,000. The remainder of the work should be a little more than that. Questions: When is he breaking the contract? What is our obligation to the contract at this point? Can we pay others to have the work done and deduct it from what we owe him (if he ever shows back up)? Any other advice on what we should do.


Asked on 9/16/05, 11:35 am

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: Contractor walks out on job

The contract should provide terms for what is a breach and the remedies. If not, the facts you present appear to be enough for you to hire someone to complete the job and then make a claim for your losses with the old contractor, probably by way of a lawsuit.

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Answered on 9/19/05, 9:52 am


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