Legal Question in Construction Law in Colorado

Does he have to pay

My husband, a contractor, performed @ $22,000 worth of work including @ $7,000 in materials for a man who now refuses to pay. He says because my husband isn't licensed in the city the work was done in, he doesn't have to pay. He had no complaints while the work was being done, but now says he is incurring costs to repair damage my husband caused. This is highly questionable, probably completely false. This man has a history of scamming people. Husband is licensed in other cities. Any chance to recover?


Asked on 7/13/09, 11:52 am

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

Re: Does he have to pay

Good morning,

This is a problem. Colorado cases have allowed for repayment of materials if a party is unlicensed. It becomes a bit more unclear related to the services. The general rule is that a contract to provide services which a license is required but not obtained is void and unenforceable. There are, of course, some exceptions depending on the facts and what are termed "equities".

You really need to contact an attorney to consider appropriate strategies as, especially for liens, there are numerous rules and time frame issues to consider. Email if you would like to discuss further.

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Answered on 7/13/09, 1:38 pm


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