Hiring a contractor to complete renovations or construction work on your property can be exciting. However, what happens when something goes wrong, and the contractor causes damage to your property instead of enhancing it? Such situations can be both stressful and financially challenging. If you are a homeowner or property owner in Colorado, understanding your legal rights and the steps to take in such circumstances is crucial.
This blog explores the legal remedies available to property owners in Colorado and provides actionable steps to address contractor-caused property damage.
Assess the Damage and Document Everything
The first step is to assess the damage thoroughly. Take detailed photographs and videos of the affected areas when you notice the problem. These visual records will serve as critical evidence should you need to pursue legal or insurance claims.
In addition to visual documentation, maintain a written record of the following:
- Dates and times: Note when the damage occurred or was discovered.
- Conversations: Keep notes of all communication with the contractor, including in-person discussions, phone calls, and emails.
- Receipts and contracts: Preserve copies of your agreement, invoices, and relevant receipts. The contract is significant; as it outlines the scope of work the contractor agreed to complete.
Contact the Contractor
Once you have documented the damage, notify the contractor immediately. The contractor may be willing to address the issue without further dispute. Most contractors are required to carry liability insurance that covers accidental property damage.
When communicating with the contractor:
- Be polite but firm. Avoid making accusatory statements, as this may escalate the situation unnecessarily.
- Provide copies of your documentation, including photos and videos.
- Request a clear plan for resolving the issue, including a repair timeline.
If the contractor is cooperative, they may resolve the problem by repairing the damage or compensating you for the costs of repairs. However, if the contractor is unresponsive or denies responsibility, you may need to pursue other avenues.
Review Your Contract
Your contract with the contractor is one of the most important documents in this situation. It should outline the scope of work, the contractor’s responsibilities, and any provisions related to property damage. Look for clauses related to:
- Liability: Does the contract specify who is responsible for property damage?
- Insurance requirements: Does the contractor have liability insurance, and must they provide proof of coverage?
- Dispute resolution: Are there terms that require mediation or arbitration before filing a lawsuit?
If you are unsure how to interpret the terms of your contract, consulting a construction lawyer can help you understand your rights and obligations.
File an Insurance Claim
If the contractor refuses to address the damage, consider filing a claim with their insurance provider. Most reputable contractors carry general liability insurance, typically covering accidental property damage caused during work.
To file a claim:
- Request the contractor’s insurance information.
- Contact their insurance company and provide evidence of the damage, including photos, videos, and written documentation.
- Follow the insurer’s process for submitting a claim.
If the contractor does not have liability insurance or their insurance denies your claim, you may need to explore legal remedies.
Consider Legal Action
Legal action may be necessary to protect your interests when informal resolutions fail. In Colorado, you may have several options for pursuing compensation:
File a Breach of Contract Claim
If the contractor failed to perform their duties as outlined in the contract, you may have grounds to file a breach of contract claim. For example, if the contractor did not exercise reasonable care while working on your property, leading to damage, this could constitute a breach.
Pursue a Negligence Claim
Negligence occurs when a contractor fails to act with the care that a reasonable person would under similar circumstances. If you can prove that the contractor’s negligence directly caused damage to your property, you may be able to recover damages.
Seek Help Under Colorado’s Consumer Protection Laws
Colorado’s Consumer Protection Act (C.R.S. § 6-1-101, et seq.) provides additional remedies for homeowners who are victims of fraudulent or deceptive practices. You may have a claim under this law if a contractor misrepresented their qualifications or failed to disclose important information that led to property damage.
Work with a Denver Construction Lawyer
Navigating the legal system and dealing with contractors can be overwhelming, especially when property damage is involved. A construction lawyer can help you understand your options and advocate for your rights.
An experienced construction attorney can:
- Review your contract to identify provisions that support your claim.
- Negotiate with the contractor or their insurance company on your behalf.
- File a lawsuit and represent you in court, if necessary.
Working with a knowledgeable attorney can maximize your chances of obtaining fair compensation for your losses.
Preventing Future Issues
While it’s impossible to predict every issue, there are steps you can take to reduce the risk of property damage in the future:
- Vet contractors thoroughly: Check for licenses, insurance, and references before hiring.
- Use a detailed contract: Ensure the contract includes clear terms regarding liability and insurance.
- Monitor the work: To catch potential issues early, stay involved in the project.
Contact a Denver Construction Lawyer
Baker Law Group is here to assist if a contractor has damaged your property and you need help resolving the matter. Our experienced team understands the complexities of construction law in Colorado and is committed to protecting your rights. Whether you need help negotiating with a contractor, filing an insurance claim, or pursuing legal action, we can guide you every step of the way.
Contact Baker Law Group today to schedule a consultation with a Denver construction lawyer.
