Legal Question in Construction Law in Colorado

termination of contract

If I do work under a contract, and the contractor refuses to pay for work done and bank draws submitted, (the classic robbing peter to pay paul scenario) I refuse to come back until payment is received. The contractor then hires another subcontractor to continue working. It is only after the other subcontractor has been on the job that I receive a letter terminating my contract. I am now being asked to deduct from my total bill the work that the other guy has done. Mostly repairs claiming to have been caused by me. Would his actions to have another subcontractor do my work while I'm still under contract render my contract null and void? It is a loaded performance contract that seems to have taken all leverage from me and I'm trying to explore my options. They want to settle for about 20% of what they owe, and I don't have alot of capital to spend on lawyers fees if it gets ugly. Thanks for the help!


Asked on 7/21/09, 6:19 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: termination of contract

It is impossible to say without seeing your contracts. As an initial point, only rare things such as an illegal contract (like a contract to murder someone) makes a contract null and void. At best actions that you discuss are an affirmative defense and could be a breach on their part that may reduce or eliminate a good portion their claims.

I would advise that you pay an attorney for this review as it should not be that much and will be worth it in relation to the amount at issue.

Talk to an attorney and good luck.

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Answered on 7/21/09, 7:01 pm


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