Homeowner Sued by a Contractor in Colorado Small Claims Court

When the Contractor Files First

You withheld payment because the work was not finished, or it was done poorly, or the contractor walked off the job. Now the contractor has sued you in Colorado small claims court for the unpaid balance. This is one of the most common dispute types in the small claims division — and as the defendant, you have more leverage than you might think.

The contractor is asking the court to order you to pay. Your job is to show why the full amount (or any amount) is not owed.

The Dual Response Requirement

Like every small claims defendant in Colorado, you need to do two things: complete the JDF 250 response and appear at the hearing. Filing the written response without showing up can lead to a default judgment. Missing the hearing can result in judgment against you by default — even if you have a strong defense.

Complete the defendant response section on the reverse of the JDF 250, pay the filing fee ($26 for claims up to $500 or $41 for claims over $500 and up to $7,500), and mark the hearing date on your calendar.

Building Your Defense: What to Document

Contractor disputes often come down to documentation. The homeowner who wins is usually the one with organized records. Gather:

• The contract or written estimate. If the scope, price, or timeline was agreed to in writing, this is your most important exhibit. If the agreement was verbal, write down what was discussed and when.
• Change orders. Did the contractor add work or change the scope? If there is no signed change order, the original price holds.
• Proof of payments made. Bank statements, cancelled checks, or receipts showing what you have already paid.
• Photos of the work. Before, during, and after photos. Focus on defects, incomplete areas, and areas that deviate from the contract specifications.
• Communications. Emails, texts, or letters where you raised concerns about the work quality, requested corrections, or discussed the dispute.
• Independent estimates. If you hired (or got quotes from) another contractor to finish or repair the work, those estimates document the cost of the original contractor's failure.
• Permit records. If the work required a building permit and the contractor did not pull one, that is relevant — unpermitted work can be a code violation.

Bring everything in triplicate: one copy for you, one for the magistrate, one for the contractor.

Common Homeowner Defenses

Incomplete work. The contractor did not finish the job. Your evidence: photos of what was left undone, the contract showing the full scope, and an estimate from another contractor to complete it.

Defective workmanship. The work was done but poorly. Photos of defects, an independent contractor's assessment, and any communication where you asked for corrections.

Unauthorized extras. The contractor added work you did not approve and is billing for it. If there is no signed change order or other record of approval, you can dispute whether the added work was authorized.

Already paid in full. You paid the agreed amount and the contractor is seeking more. Payment records and the contract settle this.

The Counterclaim Option

If the contractor's defective work caused you additional expenses — hiring someone else to finish, repairing damage the contractor caused, or losing value on the project — you can file a counterclaim in the same case. Fill in the counterclaim section on the JDF 250 and pay the combined fee: $31 if both the contractor's claim and your counterclaim are $500 or less, or $46 if either is over $500.

If your counterclaim exceeds $7,500, you can remove the entire case to County Court using Form JDF 251, filed at least 7 days before the hearing.

The Mechanic's Lien Angle

Some contractors threaten a mechanic's lien on your property to pressure payment. A mechanic's lien is a separate legal tool under Colorado's construction lien statutes (C.R.S. § 38-22-101 et seq.). Do not assume that a small claims case about the payment dispute determines whether a separate lien is valid or released.

If a lien has been filed, review its separate notice and deadlines; do not assume the small claims judgment resolves the recorded lien.

Get the Full Defendant's Toolkit

The Responding to a Small Claims Case in Colorado guide includes an evidence strategy worksheet for contractor disputes, the response deadline tracker, and the JDF 250 decoder — everything a homeowner defendant needs from service through the hearing.

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