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J Aaron Atkinson
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J Atkinson’s Answers

103 total


  • I purchased my home in 1997, the property line was 3 ft off ( to my good). It has been fenced like this Since late 80s.

    Now the neighbor who has lived there for over eight years wants me to move my fence and shed so he can reclaim the three ft. Is this something a judge would make me do?

    J’s Answer

    I'm most interested in the title policy that may have been issued to you when you purchased your residence. One would assume that should have been uncovered at that time, and you may have remedies against the title insurance. Consult with an attorney to verify this. Good luck.

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  • Apartment flooded, Personal items damaged, Insurance wont cover it. Is my apartment complex responsible?

    Long story short my apartment has been flooding for about a week. I'm unsure if they have fixed the issue yet. My question more is about my damaged items (laptop, matress, dresser, tv stand, shoes, ect.. ect..) My insurance isnt going to co...

    J’s Answer

    Your question is really too difficult to properly respond to via this website. This could involve a variety of insurance policies and potentially-culpable parties. You should consult with a lawyer and have them review your renter's policy (if applicable), lease and other documents to begin the process of assessing who may be responsible. Good luck.

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  • Does an indemnification clause mean we are still liable for subrogation claims on work where the warranty period has expired?

    We are a subcontractor, our contract, w/said contractor, clearly states that we will warranty any defects in work we provide for a period of one year after the Certificate of Occupancy is issued. The contract also includes an indemnification clau...

    J’s Answer

    Indemnification is a major issue in any contract; you should have a lawyer review the contract and give you an opinion on your rights as soon as possible. Because this involves contractual language and a construction project (both of which are complex things), it's impossible to give you an adequate opinion over this site. Contact a lawyer to make sure you're covering your bases. Good luck.

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  • Who is responsible for paying subcontractors? The contractor or the homeowner?

    I own a window/glass replacement business in Colorado. We were hired by a roofing company to replace a few windows at a house where the roofing company had signed a contract with the homeowner to complete repairs due to a hailstorm. The homeowne...

    J’s Answer

    I agree with Mr. Harkess. In addition, generally speaking, if you have offered materials that have been incorporated into the homeowners' house, and if the homeowners have not yet paid for the materials, then you have a right of action against the homeowners for unjust enrichment. You would also have lien rights as against the property - but that depends upon the passage of time since the materials were given. You should consult with an attorney to ensure you are not waiving any rights and to secure your claim(s) for payment. Good luck.

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  • A drunk driver totaled both my cars. Any advise for when the insurance claims person gives me an amount?

    I know they will shoot for a low amount. The blue book value of both cars totals about $5500. I'm just looking for any advise if it's anything lower or if I would be entitled to more? Thank you for your time!

    J’s Answer

    You should consult with an attorney; there are a variety of damages that may be available to you from a few different sources. An attorney can review the policy and advise you to maximize your recovery. Good luck!

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  • I'm a contractor who does estimating for smaller general contractors . I had a contractor cancel a check after I had deposited.

    My bank says he bounced the check bank but he says he cancelled the check . His basis for it was that he coudnt get a hold of me for a week. But I have the email chain with me answering questions to his daughter via email. I know I have the opti...

    J’s Answer

    Generally speaking, it is against the law to write checks that cannot clear. There are many facets to your particular situation, however, that merit speaking with a lawyer. You should do so quickly so as not to waive any rights you possess as against him for the bad check and for nonpayment of funds due. Good luck.

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  • Bought a new house 1 year ago and septic is failing. Could cost $50,000. Who is responsible to fix it? builder, engineer or me?

    When we had to pump the septic after only 1 year. We talked to a engineer and had another perk test done. The original perk showed 8 minutes per inch drainage but current one shows 120 minutes per inch. We believe the original numbers to be fake. ...

    J’s Answer

    I agree with my colleagues; there are too many facts to flesh out and you should contact an attorney immediately to ensure you're not waiving any rights. Good luck.

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  • Are there any reputable judgment collection firms that work on a contingency?

    I have a $100000 judgment against a sleazeball that has money coming in so I need someone very gifted at tracking it down...I am considering hiring a collections firm on a contingency, just not sure how to find someone really good and reasonable a...

    J’s Answer

    Many firms offer contingency agreements to clients for collections; the percentage that is paid to the attorney is often determined by the likelihood of recovery. If your debtor is brining in money at present, don't wait--contact an attorney to consult with you regarding your rights immediately. Good luck.

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  • Insurance company trying to file a business liability claim on house that was no longer under warranty.

    House had a 12 month warranty and leak occurred 14 months after purchased. Insurance wanting us to pay for repair, damage to bed that water leaked on and asbestos check on brand new home.

    J’s Answer

    This is a difficult question to answer based upon your description. In any event, if the home is brand new, there are many questions to be asked about the workmanship. You should consult with a construction attorney to determine whether you have any rights as against the builder or subcontractors for losses relating to the leak. Typically new houses shouldn't leak, and the warranty is only one of several rights that a homeowner possesses to protect them--particularly when insurance is involved. Contact a lawyer; good luck.

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  • What is the statue of limitations for filing a civil action lawsuit?

    Purchased notes from a business and the ceo has defaulted on payment now due.

    J’s Answer

    Your question really requires analysis of the instrument(s) in question to give you the correct answer. There are many statutes of limitations in Colorado, and you should consult with an attorney well versed in contracts and collections to ensure you're not waiving any of your rights under the statutory framework. The closer you get to the running of the statute, the more difficult it will be to locate an attorney to assist you in collecting on the notes. Further, you will want to have a discussion about the collateral supporting the loan(s), to the extent they are securitized. Good luck.

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