Legal Question in Construction Law in Colorado

getting sued for breach of contract...

My husband is an unlicensed contractor. He contracted verbally with a homeowner to remodel her kitchen. The total cost of the job (labor and materials) was $5800. The job was completed to punch list. She held back approx. 10% of the $5800. She also paid an additional $1000 deposit for a granite countertop.

She continually delayed the job, not making decisions in a timely way, demanding that he be at her job only when she could be present (usually very early in the morning and only for a few hours at a time). He lost money and time on other jobs due to her delays. Finally, after 3 separate trips to install an appliance that never got delivered(he was doing it as a favor, not in the contract and not paid)she demanded he come again at a certain time. He could not come at that time and she said she would find someone else to finish the job. He offered to come at a more reasonable time but she declined his offer.

The problem is, now she is suing us in court for $15000. How are we truly liable to her and what should we do? We do have a contract but not a signed copy from her. She also elected not to do quite a bit of the work outlined on the original bid. I am filing the answer to the court today.

Thanks in advance.


Asked on 2/15/06, 10:47 am

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

Re: getting sued for breach of contract...

A contract can still be valid and binding even if you do not have a signed copy. You will have to prove that the copy you have is what the parties agreed to.

If you are sued in a corporate capacity, you should have an attorney represent you.

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Answered on 2/15/06, 11:26 am


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