Construction trust fund theft in Denver is an offense that can sneak up on contractors and those in the construction business. Treated as a theft crime, the large values involved in these jobs can leave contractors facing stiff penalties for violations. When a builder or project manager receives money for a project, utilizing the funds for specific purposes pertaining to that specific part of the project are a requirement. Failure to follow these specific accounting and payment methods can lead to harmful criminal charges. If you or someone on your job is facing an allegation of construction trust fund theft in Colorado, contact an experienced defense attorney right away for representation.
Denver Construction Fund Theft Law
Denver's construction fund theft law requires contractors, builders, and project managers to pay other contractors and subcontractors the right amount at the right time. CRS 38-22-127 defines the specific details of this law in the state of Colorado:
- “all funds disbursed to any contractor or subcontractor under any building, construction, or remodeling contract or on any construction project,
- shall be held in trust for the payment of the subcontractors, laborer or material suppliers, or laborers who have furnished laborers, materials, services, or labor,
- who have a lien, or may have a lien, against the property,
- or who claim, or may claim, against a principal and surety under the provisions of this article and for which such disbursement was made.”
Errors can be made when a contractor or builder isn't aware of the specifics of this law, tries to use their own payment system, doesn't put funds in the trust on time, hides the funds, or uses money in the fund for a completely separate job.
Is Construction Trust Fund Theft a Felony in Colorado?
Construction trust fund theft is an especially complex situation. As a theft crime, penalties hinge on the amount of money in question. If this figure is under $2,000, a misdemeanor theft charge applies. However, most construction jobs involve amounts far greater than this, leading to felony consequences. Below is a breakdown based on trust fund theft values:
- $2,000 – $4,999 = class 6 felony,
- $5,000 – $19,999 = class 5 felony,
- $20,000 – $100,000 = class 4 felony
Defendants face 1 – 6 years in prison and up to 1/2 a million dollars in fines if convicted of felony construction trust fund theft.
Experienced Denver Theft Attorney
Contractors and builders accused of trust fund theft need to speak with an experienced, strategic defense attorney as soon as possible. There can be particularly heavy penalties for what appears to be a simple mistake. If police try to contact you, exercise your right to remain silent and call our office for a free consultation. We will carefully look over your case, as well as recommend next steps in your defense. Our affordable fees and flexible payment plans make skilled representation a reality for those facing complex theft charges.
So, if you or someone you know is facing construction trust fund theft in Colorado, be smart. Contact the highly-rated defense lawyers at O'Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future.
Photo by Greyson Joralemon