How to Sue a Subcontractor in Colorado
Contractors always have been able to sue subcontractors in Colorado for failing to abide by a contract. Until 2005, individual homeowners could not sue subcontractors for defects in their homes. But a Colorado Supreme Court ruling that year allowed owners to sue subcontractors for the cost of fixing leaky roofs, faulty drainage and other examples of negligent workmanship. The court found that subcontractors, regardless of any arrangement they might have with general contractors or developers, have an "independent duty of care."
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Instructions
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Substantiate the negligence or breach of the subcontractor you intend to sue with documents, contracts, photographs, estimates and other documents or artifacts you think will support your case.
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Ask the subcontractor in writing to remedy your complaints. Send the letter by certified mail.
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Decide where you want to sue. You probably will sue in the Colorado District Court nearest where you live, but you can sue the subcontractor in the Colorado District Court nearest him or, if the subcontractor lives in another state, even in federal court.
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Obtain a "complaint" form and a "summons" form from the clerk of the court you choose. The complaint details the wrong the subcontractor has done to you and how you want it remedied. The summons is a document used to legally notify the subcontractor of your complaint
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File the "complaint" with the clerk of the court and pay the filing fee. Filing fees vary by court.
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Hire a process server to hand deliver or "serve" the subcontractor with a copy of your complaint and the summons. You cannot serve the subcontractor yourself in Colorado.
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References
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