Legal Question in Real Estate Law in Colorado

Home Builder Delays Fencing Permit
We are the first to close on a new home and began requesting the fencing specs months earlier so we could get our fence installed quickly since we have two large dogs. Our builder had errors in the filings with the city and had submitted incorrect fencing plans. Now our fence installation has been held up several weeks. We are incurring dog care costs and extreme frustration with the hours that we have to spend taking our dogs to the dog park, etc. because they cannot be let out in the yard. The builder, when told that they were being quite slow about correcting these problems, has been very unprofessional, stating sarcastically that ''they could move slower if we would like''. Is this something that we should consider pursuing in small claims court? Does small claims court allow general and punitive damages in addition to special damages?

Asked on 9/22/08, 6:47 pm

Robert Murillo Pivotal Legal Ltd.

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Re: Home Builder Delays Fencing Permit

You can certainly pursue in small claims up to $7,500, assuming the contract does not have dispute resolution procedures.

As to damages, those will be compensatory based on a breach of contract. So punitive damages are more than a little unlikely. Good luck.

Answered on 9/22/08, 7:22 pm

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