My question involves a consumer law issue in the State of: Colorado
We were hired several weeks back to order granite, fabricate it, and install it in a customers home for a contractor. Therefore we were a subcontractor under this contractor.
He paid $2000.00 up front for the granite and for cutting it. He also signed a dated contract stating his name, the address of the jobsite, and that upon installation of the countertop he would owe the $1500 remaining balance.
There were some veins in the material, and when we installed the material the veins look like minor cracks. We buffed them out and you can't tell they are there except on extremely close inspection in the right light. In all, we did an excellent job, on time, and to the customers specifications.
After we had finished installing, while we were completing sealing it, the homeowner came home and him and his family verbally expressed that it looked great and they were happy with it, but did eventually noticed a small vein. We told them we buff it out, and we did.
The contractor refuses to pay, stating that our work is terrible, due to the natural veins, and that even though the home owner was initially happy with the work, that he will not be paying us.
I told him he signed a contract agreeing to pay us upon installation, and if he didn't pay I'd be taking him to court. He said "good luck"
Is this something that I can win in small claims court? The amount owed is $1500.00