Sue a Contractor in Colorado Small Claims Court

Verify the Contractor's Legal Identity First

This is the step that trips up most homeowners. Contractors frequently operate under trade names or LLCs that differ from the name on the business card or yard sign. If you sue "Mike's Renovations" but the registered entity is "Mountain View Contracting LLC," your judgment may be unenforceable.

Before you fill out Form JDF 250, search the Colorado Secretary of State database at coloradosos.gov. Enter the contractor's business name and look for:

• The exact registered entity name (the full LLC or corporation name)
• Whether the entity is in "good standing" or "delinquent" status
• The designated Registered Agent and their physical service address

If the contractor is a sole proprietor with no registered entity, you sue them as an individual: "Michael Johnson d/b/a Mike's Renovations."

Common Contractor Claims That Fit Small Claims Court

Small claims court handles money disputes up to $7,500 in principal. Typical contractor cases:

• Unreturned deposit: You paid a deposit for work that was never started or abandoned partway through
• Defective workmanship: The work was completed but defective, and you need to hire someone to fix it
• Incomplete work: The contractor finished part of the project but left before completing the scope
• Overcharging: The final bill exceeds the agreed contract price without authorized change orders

If your damages exceed $7,500, you can waive the excess and file in small claims, or file in county civil court for the full amount.

Build Your Evidence Before Filing

Contractor cases live or die on documentation:

• The contract or written agreement — even a text message exchange confirming the scope and price counts
• Proof of payment — bank statements, canceled checks, Venmo/Zelle receipts showing every deposit and payment
• Photos of incomplete or defective work — timestamped, showing the current state versus what was promised
• Independent repair estimates — get at least one written estimate from a licensed contractor for the cost to complete or fix the work
• Communication records — texts, emails, and voicemail logs showing your attempts to resolve the dispute and the contractor's responses or silence
• Change orders — any agreed modifications to the original scope and price

The repair estimate is critical. It gives the judge a concrete dollar figure for your damages, grounded in what another professional would charge to make things right.

The Filing Process

Send a demand letter. While not legally required for contract disputes (unlike a tenant's claim for treble damages on a wrongfully withheld security deposit), a demand letter gives the contractor a final chance to finish the work or return your money — and becomes strong evidence if they ignore it.

File Form JDF 250 at the county court clerk counter in the county where the contractor lives, works, or has a business office. Filing fee: $55 for claims over $500.

Serve the contractor's Registered Agent (for an LLC or corporation) or the individual contractor personally. Service must happen at least 15 calendar days before trial. Serving someone at a job site instead of the Registered Agent risks invalidating service.

Prepare three sets of exhibits for the hearing — one for the judge, one for the contractor, one for yourself. Organize them chronologically: contract, payments, photos, demand letter, repair estimate.

At the Hearing

Present the timeline: when you hired the contractor, what was agreed, what was paid, when the work stopped or the defects appeared, what you did to resolve it, and what it costs to fix. Walk the judge through each exhibit.

If the contractor does not show up and was properly served at least 15 days prior, you can ask for a default judgment — but you still need to present sworn testimony and evidence establishing your damages.

If the contractor counterclaims (arguing you owe them for work already completed), the judge hears both sides and rules on the net amount. Counterclaims up to $7,500 stay in small claims; above that, the contractor can transfer the case to county civil court by filing Form JDF 251.

Contractor disputes require precise entity identification and strong documentation to succeed. The Colorado small claims filing guide includes an entity verification worksheet and exhibit staging tools built for these cases.

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